Relates to burn injury reporting

Title of bill

An act to amend the penal law, in relation to burn injury reporting

Purpose

To require coroners and medical examiners to report under the Burn Reporting Law and require all cases of burn injury caused by fireworks or sparkling devices to be reported to the Office of Fire Prevention and Control (OFPC).

Summary of provisions

This bill amends section 265.26 of the Penal Law to require coroners and medical examiners to report burn victim fire deaths and require all cases of burn injury caused by fireworks or sparkling devices to be reported to OFPC.

Existing law

Currently, the law only requires the physician attending or treating the case, or the manager, superintendent or other person in charge, whenever such case is treated in a hospital, sanitarium, institution or other medical facility, to report burn injuries. The law further limits the reporting of the burn injury or wound to cases of second or third degree burns to five percent or more of the body and/or any burns to the upper respiratory tract or laryngeal edema due to the inhalation of super-heated air, and every case of a burn injury or wound which is likely to or may result in death.

Legislative history

None.

Statement in support

This proposal would require coroners and medical examiners who directly handle fire/burn victims to report burn victim fire deaths. There have been instances where deceased burn victims have been transported directly to the morgue, and thus are not handled by a physician or a hospital. This amendment will correct the loop hole in the law where deceased burn victims are not being reported as burn victim fire deaths.

Chapter 477 of the Laws of 2014 legalized certain fireworks, outside the City of New York. Data produced by the U.S. Consumer Product and Safety Commission (CPSC) and the National Fire Protection Association (NFPA) reveals that approximately 8,700 people ended up in hospital emergency rooms for injuries related to consumer fireworks. It is expected that New York State will experience an increase in fireworks related burns as a result of the legalization of certain fireworks. Currently, the criteria for reportable burn injuries (2nd or 3rd degree greater than 5% of the body), including those caused by fireworks, precludes New York State from compiling accurate data to review product safety design, determine legal possession and use and improve public safety education messaging.

Budget implications

There are no budget implications for this bill.

Local impact

This bill will require reporting by the local mandatory reporters to further public safety. EFFECTIVE DATE : Immediate.