Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 145.000 - Licensing Of Out-of-hospital Dialysis Units In Massachusetts › Section 145.020 - Definitions

Current through Register 1525, July 5, 2024
Back-up Dialysis
means dialysis given
				to a patient in a situation other than the patient's usual dialysis
				environment.
Chronic Maintenance Dialysis
means the
				usual periodic dialysis treatments of a patient who has chronic renal
				disease.
Commissioner
means the Commissioner of
				Public Health or his or her designee.
Department
means the Department of
				Public Health.
Direct Care Staff
means registered
				nurses, licensed practical nurses, and trained dialysis technicians who provide
				direct care to patients undergoing dialysis in the unit. Direct care staff may
				include charge nurses, but shall not include the nurse manager, nurses assigned
				to dialysis training, or technicians assigned to dialyzer preparation or reuse,
				equipment maintenance, and water testing and purification.
Governing Body
means, in the case of a
				corporation, the board of directors, or an executive committee thereof
				empowered under the bylaws of the corporation to supervise the operation of the
				unit; or in every other case, the owner and such other individuals as are
				associated with the owner in the management of the unit.
Healthcare-associated Infection (HAD
means a localized or systemic condition that results from an adverse reaction
				to the presence of an infectious agent or its toxins that:
(1) occurs in a patient in an out-of-hospital dialysis unit;
				and
(2) was not present or incubating at the time of the admission
				during which the reaction occurs;
(3) meets the criteria for a specific infection as defined by
				the federal Centers for Disease Control and Prevention and its National
				Healthcare Safety Network; and
(4) any additional elements as set forth in administrative
				guidelines of the Department based on the National Healthcare Safety Network.
Home Hemodialysis
means chronic
				maintenance dialysis performed at home by a trained patient with the assistance
				of a trained partner.
Home Peritoneal Dialysis
means chronic
				maintenance dialysis performed at home by a trained patient with or without the
				assistance of a trained partner.
Licensed or Approved Hospital
means
				any hospital licensed under M.G.L. c. 111, § 51.
Licensed Practical Nurse
means an
				individual who is currently licensed pursuant to M.G.L. c. 112, § 74A, to
				practice practical nursing in Massachusetts.
National Healthcare Safety Network
				NHSN
means the HAI tracking system by the federal Centers for
				Disease Control and Prevention.
Nurse Practitioner
means a nurse who
				is authorized to practice advanced practice registered nursing as a nurse
				practitioner by the Board of Registration in Nursing.
Original License
means the first
				license issued to a person to maintain the premises named therein, whether upon
				the initial establishment of the unit or subsequently upon the relocation or
				transfer of ownership of the unit.
Out-of-hospital Dialysis Unit
or
Unit
means a unit, however named, maintained separate
				from a licensed or approved hospital or license issued thereto, whether
				conducted for charity or for profit, for the purpose of providing chronic
				maintenance dialysis to persons suffering from chronic renal disease and other
				dialysis as permitted by law. It shall not include a dialysis unit maintained
				as part of a licensed or approved hospital.
Person
means any individual or his
				estate upon his death; or a partnership, corporation, or trust or other
				unincorporated association; or any receiver, trustee, or other liquidating
				agent of any of the foregoing while acting in such capacity.
Physician
means an individual who is
				currently licensed pursuant to M.G.L. c. 112, § 2, to practice medicine or
				osteopathy in Massachusetts.
Physician Assistant
means a person who
				is licensed by the Board of Registration of Physician Assistants.
Registered Nurse
means an individual
				who is currently registered pursuant to M.G.L. c. 112, § 74, to practice
				professional nursing in Massachusetts.
Renewal License
means the first and
				each subsequent renewal of the original license to maintain premises named
				therein as an out-of-hospital dialysis unit.
Transfer of Ownership
includes, in the
				case of a partnership, any change in partners, and, in the case of a
				corporation, any transfer of 50% or more of the outstanding shares of stock in
				such corporation.