N.J. Admin. Code § 8:43D-1.3

Current through Register Vol. 56, No. 21, November 4, 2024
Section 8:43D-1.3 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Academy of Nutrition and Dietetics" or "AND" means the organization of dietetic professionals committed to improving the nation's health and advancing the profession of dietetics through research, education, and advocacy, which may be reached by regular mail at 120 South Riverside Plaza, Suite 2000, Chicago, Illinois 60606-6995, website www.eatright.org, and by telephone at (800) 877-1600 or (312) 899-0040.

"Activities of daily living (ADL)" means mobility, transferring, walking, grooming, bathing, dressing and undressing, eating, and toileting, which may be performed by a resident independently, or under the supervision of, or with partial or total assistance from, the staff of the pediatric community transitional home.

"Administrator" means the person who is responsible for operating the facility on a day to day basis.

"Admission agreement" means a document developed by the facility and signed by both a facility representative and the resident or the resident's responsible party prior to admission to the facility. This agreement clearly and in plain English describes all services to be provided to the resident, the cost of the services, additional services available and the cost of these, specification of the time interval in which charges will not be increased, admission and discharge criteria and discharge appeal mechanisms.

"Advanced practice nurse" means a person who is certified as an advanced practice nurse by the New Jersey Board of Nursing in accordance with N.J.S.A. 45:11-47.

"American Board of Medical Specialties" means the entity by that name for which the contact information is American Board of Medical Specialties, 353 North Clark Street, Suite 1400, Chicago, IL 60654, telephone (312) 436-2600, website www.abms.org.

"American Osteopathic Association" means the entity by that name for which the contact information is American Osteopathic Association, 142 East Ontario Street, Chicago, IL 60611, telephone (800) 621-1773, website www.osteopathic.org.

"Application for New or Amended Acute Care Facility License (CN-7)" is the form, incorporated herein by reference and set forth at Appendix A, which an applicant for licensure as a pediatric community transitional care home must complete and submit to the Department's Office of Certificate of Need and Healthcare Facility Licensure in order to apply for a license prior to commencement of new or expanded services and which is available electronically at: www.nj.gov/health/forms.

"Application for Waiver (CN-28)" is the form, incorporated herein by reference and set forth at Appendix B, which a facility must complete and submit to the Department in order to request a waiver of the rules established at N.J.A.C. 8:43D and which is available electronically at: www.nj.gov/ health/forms.

"Assessment and Survey Program" means the unit responsible for conducting inspections of licensed health care facilities within the Division of Health Facility Survey and Field Operations of the Health Systems Branch of the Department, for which the contact information is Assessment and Survey Program, Division of Health Facility Survey and Field Operations, New Jersey Department of Health, 120 Stockton Street, PO Box 367, Trenton, NJ 08625-0367, telephone (609) 292-9900.

"Available" means pertaining to equipment, present and ready for immediate use; pertaining to personnel, means capable of being reached by telephone 24 hours per day.

"Centers for Disease Control and Prevention" or "CDC" means an agency of the United States Department of Health and Human Services, for which the contact information for access to publications referred to in this chapter as the Morbidity and Mortality Weekly Review or MMWR, is CDC, 1600 Clifton Road, MS E-90, Atlanta, GA 30333, telephone (404) 498-1150, email mmwrq@cdc.gov, website http://www.cdc.gov/mmwr.

"Child care worker" means a person who has a high school diploma or general equivalency diploma and is 18 years of age or older.

"Cleaning" means the removal, by scrubbing and washing, with hot water, soap or detergent and/or vacuuming where appropriate, of infectious agents and/or organic matter from surfaces on which and in which infectious agents may survive or multiply.

"Commission on Dietetic Registration" or "CDR" means the administratively autonomous credentialing agency for the Academy for Nutrition and Dietetics (AND) that is responsible for establishing registration eligibility requirements for AND's certification programs, for which the contact information is CDR, 120 South Riverside Plaza, Suite 2000, Chicago, IL 60606, telephone (800) 877-1600 ext. 5500, and e-mail cdr@eatright.org.

"Commissioner" means the Commissioner of the New Jersey Department of Health or his or her designee.

"Communicable disease" means an illness, due to a specific infectious agent or its toxic products, which occurs through transmission of that agent or its products from a reservoir to a susceptible host.

"Community agency" means a community agency as N.J.A.C. 10:48A-1.3 defines that term.

"Conspicuously posted" means placed at a location within the facility accessible to and in plain view to patients and the public.

"Contamination" means the presence of an infectious or toxic agent in the air, on a body surface, or on or in clothes, bedding, instruments, dressings, or other inanimate articles or substances, including water, milk, and food.

"Current" means up-to-date reflecting the present calendar day, month and year.

"Department" means the New Jersey Department of Health.

"Dietitian" means a person who:

1. Is credentialed by the Commission on Dietetic Registration as a registered dietitian;
2. Is eligible to become a registered dietitian in accordance with the criteria established by the Commission on Dietetic Registration;
3. Has a master's degree with a major concentration in foods, nutrition, food service, and/or food institution management, and has completed:
i. At least six months of full-time, or equivalent, experience in nutrition and/or food service management in a health care setting; or
4. Has a bachelor's degree from a college or university with a major concentration in foods, nutrition, food service, and/or food institution management, and has completed:
i. A dietetic internship accredited by the Academy of Nutrition and Dietetics; or
ii. One year of full-time or equivalent experience in nutrition and/or food service management in a health care setting.

"Director of nursing" means a registered professional nurse, with at least two years of experience caring for children, who is designated by a pediatric community transitional home with overall responsibility for coordinating nursing care in the facility.

"Disinfection" means the killing of infectious agents outside the body, or organisms transmitting such agents, by chemical and physical means, directly applied. The term "disinfection" shall include concurrent disinfection; that is, the application of measures of disinfection as soon as possible after the discharge of infectious material from the body of an infected person, or after the soiling of articles with such infectious discharges. All personal contact with such discharges or articles shall be minimized prior to concurrent disinfection. The term "disinfection" shall also include post care disinfection, which is the application of measures of disinfection after the patient has ceased to be a source of infection.

"Division of Child Protection and Permanency" means, pursuant to N.J.S.A. 9:3A-10, the division within the New Jersey Department of Children and Families, for which the contact information for reporting diagnosed or suspected child abuse is:

1. During normal business hours, telephone (609) 292-0617; and
2. After normal business hours, telephone 1-877-NJ ABUSE (1-877-652-2873).

"Documented" means written, signed, and dated.

"Drug administration" means a procedure in which a prescribed drug or biological is given to a resident by an authorized person in accordance with all laws and regulations governing such procedures. The complete procedure for administration includes:

1. Removing an individual dose from a previously dispensed, properly labeled container (including a unit dose container);
2. Verifying it with the prescriber's orders; and
3. Giving the individual dose to the resident.

"Drug dispensing" means a procedure entailing the interpretation of the original or direct copy of the prescriber's order for a drug or a biological and, pursuant to that order, the proper selection, measuring, labeling, packaging, and issuance of the drug or biological to a resident, in conformance with all applicable Federal, State and local rules and regulations.

"Employee" means a person who is employed in the pediatric community transitional home on a full or part-time basis and for whom a record of hours worked and wages paid are maintained and who meets the health, age and other requirements of this chapter. Reimbursement for such employment may include salaries, wages, room and board, or any combination thereof.

"Family physician" means a physician who is certified or eligible for certification in:

1. Family medicine by the applicable certifying board of the American Board of Medical Specialties; or
2. Family medicine and osteopathic manipulative treatment by the applicable certifying board of the American Osteopathic Association and has at least one year of experience in the medical treatment of children.

"Food and Nutrition Board" means the unit by that name within the Health and Medicine Division, or HMD, of the National Academies of Sciences, Engineering, and Medicine, or National Academies, for which the contact information is Food and Nutrition Board, HMD, National Academies, Keck Center, W700, 500 Fifth St. NW, Washington, DC 20001; telephone (202) 334-1732, fax (202) 334-2352, e-mail HMD-NASEM@nas.edu, website www.nap.edu.

"Full-time" means relating to a time period established by the facility as a full working week, as defined and specified in the facility's written policies and procedures.

"Governing authority" means the organization, person, or persons designated to assume legal responsibility for the management, operation, and financial viability of the facility.

"Guardian" means an individual or individuals appointed or approved by a court of competent jurisdiction to act in a fiduciary capacity toward a facility resident or residents. The term "guardian" as used in this chapter, shall not be limited to any particular or specific type of court-appointed or approved guardian and every type of guardian shall be given due consideration with respect to making decisions on behalf of residents, as contextually appropriate.

"Health care facility" means a facility as defined within N.J.S.A. 26.2H-2, as amended.

"Health Care Facilities Plan Review Unit" means the unit by that name within the Bureau of Construction Project Review of the Division of Codes and Standards in the New Jersey Department of Community Affairs, for which the contact information is Health Care Facilities Plan Review Unit, Bureau of Construction Project Review, Division of Codes and Standards, NJ Department of Community Affairs, 101 South Broad Street, 4th Floor, PO Box 817, Trenton, NJ 08625-0817.

"Hours of operation" means normal business hours, during which the facility is open for business.

"Interdisciplinary plan of care" means a written, individualized plan of care for each resident, developed by the interdisciplinary team members participating in the resident's care, and based upon their assessment of the patient's immediate and long-term needs.

"Interdisciplinary team" means individual representatives from medicine, nursing, and social work/case management who work together to plan, provide and evaluate a comprehensive, integrated program of care to each resident of the facility.

"Interferon-Gamma Release Assays" or "IGRA" means blood tests, such as QuantiFERON(R)-TB Gold In-Tube test and --T-SPOT(R).TB test, used to diagnose Mycobacterium tuberculosis(Tb) infection, but which do not differentiate latent infection from active disease.

"Job description" means written specifications developed for each position in the facility, including the qualifications, duties and responsibilities, and accountability required of employees in that position.

"Licensed nursing personnel (licensed nurses)" means registered professional nurses and licensed practical nurses licensed by the New Jersey State Board of Nursing, pursuant to N.J.S.A. 45:11-23 et seq. and N.J.A.C. 13:37, as amended.

"Licensed practical nurse" means a person who is licensed by the New Jersey State Board of Nursing pursuant to the applicable provision of N.J.S.A. 45:11-23 et seq. and N.J.A.C. 13:37, as amended.

"Medical director" means a pediatrician or family physician whom a pediatric community transitional home designates as having overall responsibility for medical services provided in the facility.

"Medically fragile child" means a person from the ages of birth to 18 years who needs supportive personal, social, and health care services to be available 24 hours per day, seven days a week, and who may benefit from placement in a pediatric community transitional home.

"Medication" means a drug or medicine as defined by the New Jersey State Board of Pharmacy, at N.J.A.C. 13:39-1.2.

"Monitor" means to observe, watch, or check.

"National Fire Protection Association" or "NFPA" means the entity by that name for which the contact information is NFPA, 1 Batterymarch Park, Quincy, MA 02269, telephone (617) 770-3000, website www.nfpa.org.

"Nursing administrator" means a registered professional nurse, with at least two years of experience caring for children, who is designated by a pediatric community transitional home with overall responsibility for coordinating nursing care in the facility.

"Occupational Safety and Health Administration" or "OSHA" means the entity by that name for which the contact information is U.S. Department of Labor, Occupational Safety & Health Administration, 200 Constitution Avenue, NW, Washington, D.C. 20210, telephone 1-800-321-OSHA (6742), website www.osha.gov.

"Office of Certificate of Need and Healthcare Facility Licensure" means the health care facility licensing unit within the Division of Certificate of Need and Licensing, in the Health Systems Branch of the Department, for which the contact information is Office of Certificate of Need and Healthcare Facility Licensure, Division of Certificate of Need and Licensing, New Jersey Department of Health, 25 South Stockton Street, PO Box 358, Trenton, NJ 08625-0358, telephone (609) 292-5960.

"Pediatric community transitional home" means a facility licensed by the Department of Health and Senior Services to provide integrated health care services, personal care and social services to medically fragile children, birth to 18 years of age, who require a transitional placement in a community living atmosphere, prior to an appropriate longer term residential placement.

"Pediatrician" means a physician who is certified or eligible for certification in pediatrics by the applicable certifying board of either the American Board of Medical Specialties or the American Osteopathic Association.

"Personal care" means services supportive to residents' care and comfort, including, but not limited to, assistance with activities of daily living.

"Physician" means a person who is licensed to practice medicine in New Jersey by the State Board of Medical Examiners, pursuant to N.J.S.A. 45:9-1 et seq.

"Physician assistant" means a person who is licensed to practice as a physician assistant in New Jersey by the State Board of Medical Examiners, pursuant to N.J.S.A. 45:9-27.10 et seq.

"Primary care provider" means a physician, physician assistant, or an advanced practice nurse.

"Registered professional nurse" means a person who is licensed by the New Jersey State Board of Nursing pursuant to the applicable provisions set forth at N.J.S.A. 45:11-23 et seq. and N.J.A.C. 13:37, as amended.

"Resident" means a child, birth to 18 years of age, who resides in a pediatric community transitional home.

"Responsible person or responsible party" means a parent or parents, an agency designated by the parent or parents through a voluntary placement contract, or a person or persons or agency designated by court decision to assist the resident, as needed, in arranging for health, social and financial services or making decisions regarding such services.

"Shift" means a time period defined as a full working day by the facility in its policy manual.

"Signature" means at least the first initial and full surname and title (for example, R.N., L.P.N., D.D.S., M.D.) of a person, legibly written either with his or her own hand, generated by computer with authorization safeguards, or any other information required by a professional licensing board.

"Social worker" means a person who:

1. Is licensed as a social worker by the New Jersey State Board of Social Work Examiners pursuant to N.J.S.A. 45:15BB-1 et seq.;
2. Has a master's degree in social work from a graduate school of social work accredited by the Council on Social Work Education; and
3. Has at least one year of post-master's degree social work experience in a health care setting.

"Staff education plan" means a written plan, which describes a coordinated program for employee education for each service provided at the facility, including inservice programs and on-the-job training.

"Staff orientation plan" means a written plan which describes a coordinated program for each new employee concerning the duties and responsibilities of the service to which he or she has been assigned, as well as the personnel policies of the facility.

"Sterilization" means a process of destroying all microorganisms, including spores, in, on, and around an object.

"Supervision" means authoritative procedural guidance by a qualified person for the accomplishment of a function or activity within his or her sphere of professional training, with initial direction and periodic on-site inspection of the actual act of accomplishing the function or activity.

"U.S. Pharmacopeia" means the entity for which the contact information is USP-U.S., 12601 Twinbrook Parkway, Rockville, Maryland 20852, telephone: (800) 227-8772, website www.usp.org.

"Volunteer" means a person who serves a pediatric community transitional home without monetary compensation.

N.J. Admin. Code § 8:43D-1.3

Amended by 48 N.J.R. 2336(a), effective 11/7/2016
Amended by 55 N.J.R. 2189(b), effective 10/16/2023