reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 43 - CERTIFICATION OF NURSE AIDES IN LONG-TERM CARE FACILITIES › Section 8:39-43.9 - Equivalency for nurse aides registered in other states

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A nurse aide
				certificate received in another state or territory of the United States may be
				entered on the registry, provided that the following conditions are satisfied:
1. The Department receives documentation from the
				state's or U.S. territory's registry that such nurse aide has completed a training
				and competency evaluation program at least equal to that required in New
				Jersey;
2. The nurse aide has not been
				convicted of any crimes and has no documented findings of abuse, neglect, or
				misappropriation of resident property on the registry; and
3. The nurse aide complies with the requirements
				for a criminal background investigation as required by N.J.A.C. 8:43I.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 43 - CERTIFICATION OF NURSE AIDES IN LONG-TERM CARE FACILITIES › Section 8:39-43.11 - Evaluation of training programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility or
				educational institution conducting a training program shall develop, implement, and
				document a process for evaluating the effectiveness of the training program. The
				evaluation process shall include, at a minimum, the following:
1. Assignment of responsibility for the evaluation
				process;
2. An annual written evaluation
				report, including findings, conclusions, and recommendations;
3. A written evaluation by the facility or
				educational institution of the performance of instructors/evaluators;
4. Written evaluations, by students, of the
				training program; and
5. Statistical
				data that shall be maintained on file in the facility or educational institution.
				The statistical data shall include, at a minimum, the following for each course:
i. The beginning and ending dates;
ii. The number of students enrolled;
iii. The number and percentage of students who
				satisfactorily completed the course;
iv.
				The number and percentage of students who failed the course;
v. The number and percentage of students who
				passed the New Jersey Nurse Aide Competency Evaluation Program, including
				written/oral examination and skills; and
vi. The number and percentage of students who
				failed the New Jersey Nurse Aide Competency Evaluation Program, including
				written/oral examination and skills.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 43 - CERTIFICATION OF NURSE AIDES IN LONG-TERM CARE FACILITIES › Section 8:39-43.12 - Student records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each facility or
				educational institution that conducts a training program shall establish a student
				record for each student. The student record shall include, at a minimum, the
				following:
1. The beginning and ending dates of the
				training program;
2. An attendance
				record;
3. A signed skills competency
				task form; and
4. An evaluation of the
				student's classroom and clinical performance, completed by the student's
				instructor.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 43 - CERTIFICATION OF NURSE AIDES IN LONG-TERM CARE FACILITIES › Section 8:39-43.13 - Denial or termination of a nurse aide in long-term care facilities training program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				conduct unannounced site visits of a nurse aide in long-term care facilities
				training program.
(b) The Department may
				deny, suspend, or withdraw approval if it determines that a nurse aide training
				program fails to follow the application as submitted to, and approved by, the
				Department.
(c) Approval of a nurse aide
				training program offered by or in a facility that participates in the Medicare or
				Medicaid Programs shall be denied in accordance with
				42
				CFR 483.151(b).
(d) If the Department proposes to deny, suspend,
				or revoke approval of a nurse aide training and/or skills competency evaluation
				program, except where governed by the Federal requirements noted in (c) above, the
				facility or educational institution may, within 30 days, request a hearing which
				shall be conducted pursuant to the Administrative Procedure Act,
				52:14B-1 et seq. and 52:14F-1 et seq.,
				and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(e) Suspension or withdrawal of training program
				approval shall not affect currently enrolled students, who shall be permitted to
				complete the training program unless the Department determines that continuation of
				the program would jeopardize the health or safety of residents in any long-term care
				facility.
(f) If a nurse aide training
				program is discontinued for any reason, but the facility or educational institution
				continues to operate, the facility or educational institution shall be responsible
				for maintaining the records of students and graduates.
(g) If a nurse aide training program is
				discontinued for any reason and the facility or educational institution ceases to
				operate, the records of students and graduates shall be transferred to an agency
				acceptable to the Department. The Department shall be advised, in writing, of the
				arrangements made to safeguard the records.
(h) If a nurse aide training program is
				discontinued for any reason, the facility or educational institution shall:
1. Assist in the transfer of students to other
				approved nurse aide training programs;
2. Provide the Department with a list of the
				students who have transferred to another training program, and the dates on which
				the students were transferred; and
3.
				Notify the Department that the requirements for closing have been fulfilled and
				provide notice of final closing.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 43 - CERTIFICATION OF NURSE AIDES IN LONG-TERM CARE FACILITIES › Section 8:39-43.14 - Responsibilities of administrator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensed nursing
				home administrator or administrator of the educational institution conducting the
				training program shall be responsible for implementation of the training program in
				accordance with the rules in this subchapter. This responsibility shall include, but
				not be limited to, ensuring that:
1. The
				curriculum is implemented in accordance with the application as submitted and
				approved by the Certification Program of the Department;
2. Resident care provided by the student does not
				exceed the tasks and procedures that the student has satisfactorily demonstrated, as
				documented by the registered professional nurse on a skills competency task form;
				and
3. Job descriptions are established
				indicating the responsibilities of each nurse instructor/evaluator.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 43 - CERTIFICATION OF NURSE AIDES IN LONG-TERM CARE FACILITIES › Section 8:39-43.15 - Employment of a nurse aide

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensed
				long-term care facility shall employ a person as a nurse aide without making inquiry
				to the New Jersey nurse aide registry on the Promissor website at
http://www.promissor.com
, and to any
				other state where the facility believes the nurse aide is registered.
(b) The facility shall have a system in place to
				document compliance with (a) above.
(c)
				The facility shall maintain records sufficient to verify the previous employment of
				nurse aides who are not currently working but whose employment at the facility makes
				him or her eligible for recertification in accordance with
				8:39-43.6(c).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 43 - CERTIFICATION OF NURSE AIDES IN LONG-TERM CARE FACILITIES › Section 8:39-43.16 - Nurse aide functions

Current through Register Vol. 56, No. 14, July 15, 2024
The nurse aide shall function under the supervision and direction
				  of a registered professional nurse and shall perform tasks that are delegated in
				  accordance with the provisions of
				  13:37-6.2.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 43 - CERTIFICATION OF NURSE AIDES IN LONG-TERM CARE FACILITIES › Section 8:39-43.17 - Mandatory nurse aide education and training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A program of
				individualized orientation of each nurse aide shall be conducted by a registered
				professional nurse. The orientation program shall include resident care training and
				demonstrations in basic nursing skills, followed by an internship of two to five
				days, depending on experience.
(b) Each
				nurse aide shall receive, at a minimum, 12 hours of regular in-service education per
				year, the content of which shall be based on the outcome of performance reviews of
				every nurse aide, which are completed at least once every 12 months. (The 12 hours
				may include topics that are covered under OBRA requirements, Pub. L. 100-239 (1989)
				which overlap or are duplicative of those required at
				8:39-13.4(b), up to a
				maximum of six hours of in-service training per year.)
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 43 - CERTIFICATION OF NURSE AIDES IN LONG-TERM CARE FACILITIES › Section 8:39-43.18 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with
				42 CFR
				483.154, as amended and supplemented, fees may be
				charged by the testing agency for the following:
1. Clinical skills and written
				examination;
2. Clinical skills and oral
				examination;
3. Clinical skills and
				Spanish oral examination;
4. Written
				examination only;
5. Clinical skills
				examination only;
6. Oral examination
				only;
7. Spanish oral examination
				only;
8. Duplicate or updated
				certificate, which shall be charged to the individual; and
9. Recertification certificate, which shall be
				charged to the individual if the individual is neither currently employed nor has
				been offered employment by a long-term care facility.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 44 - MANDATORY STANDARDS FOR RESPITE CARE SERVICES › Section 8:39-44.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Long-term care
				facilities are authorized by law to accept short-term residents whose regular
				caregivers are participating in a respite care program. A caregiver is defined as
				any individual, paid or unpaid, who provides regular in-home care for an elderly,
				disabled, or cognitively impaired person.
(b) When a caregiver desires respite from this
				responsibility, continuity of care for the elderly, disabled, or cognitively
				impaired person is available through temporary placement in a long-term care
				facility for a period of time specified in advance.
(c) The standards in this subchapter apply only to
				those long-term care facilities that operate a respite care program.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 44 - MANDATORY STANDARDS FOR RESPITE CARE SERVICES › Section 8:39-44.2 - Mandatory policies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The long-term care
				facility shall have written respite care policies and procedures that are retained
				by the administrative staff and available to all staff and to members of the public,
				including those participating in the program.
(b) The facility shall obtain the following
				information from the resident's attending physician or advanced practice nurse prior
				to admission:
1. A summary of the resident's
				medical history and most recent physical examination;
2. Signed and dated medication and treatment
				orders for the resident's stay in the facility; and
3. Phone numbers of the attending physician or
				advanced practice nurse and an alternate physician or advanced practice nurse for
				consultation or emergency services.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 44A - ADVISORY STANDARDS FOR RESPITE CARE SERVICES › Section 8:39-44A.1 - Advisory staffing

Current through Register Vol. 56, No. 14, July 15, 2024
A long-term care facility should assign specific staff members to
				  an individual respite care resident to provide continuity of care during the
				  resident's stay in the facility.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 45 - ALZHEIMER'S/DEMENTIA PROGRAMS › Section 8:39-45.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Long-term care
				facilities may establish Department approved programs to meet the needs of residents
				with Alzheimer's disease or other dementias. In addition to meeting all mandatory
				requirements specified in this chapter, the program shall provide individualized
				care based upon assessment of the cognitive and functional abilities of Alzheimer's
				and dementia residents who have been admitted to the program.
(b) No facility shall advertise or hold itself out
				as providing an Alzheimer's/dementia program unless it meets the data reporting
				requirements of 8:39-45.2 and is recognized by the
				Department as meeting at least 65 percent of all current advisory standards in
				N.J.A.C. 8:39-46.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 45 - ALZHEIMER'S/DEMENTIA PROGRAMS › Section 8:39-45.2 - Mandatory data reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each facility
				qualified pursuant to this subchapter to hold itself out as providing an
				Alzheimer's/dementia program shall:
1. Compile and
				maintain daily records for each shift in the facility and provide to a member of the
				public, upon request, information that indicates for each shift, as appropriate:
i. The number of nurses, including the aggregate
				total of registered nurses and licensed practical nurses providing direct care to
				residents diagnosed with Alzheimer's disease and related disorders; and
ii. The number of certified nurse aides providing
				direct care to residents diagnosed with Alzheimer's disease and related disorders;
				and
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 46 - ALZHEIMER'S/DEMENTIA PROGRAMS-ADVISORY STANDARDS › Section 8:39-46.1 - Advisory Alzheimer's/dementia program policies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The long-term care
				facility has written policies and procedures for the Alzheimer's/dementia program
				that are retained by the administrative staff and available to all staff and to
				members of the public, including those participating in the program.
(b) The facility has established criteria for
				admission to the program and criteria for discharge from the program when the
				resident's needs can no longer be met, based upon an interdisciplinary assessment of
				the resident's cognitive and functional status.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 46 - ALZHEIMER'S/DEMENTIA PROGRAMS-ADVISORY STANDARDS › Section 8:39-46.2 - Advisory staffing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Staffing levels are
				sufficient to provide care and programming, based upon resident census in the
				program and an interdisciplinary assessment of the cognitive and functional status
				of residents in the program.
(b) The
				facility has established criteria for the determination of each staff member's
				abilities and qualifications to provide care to residents in the program.
(c) The facility provides an initial and ongoing
				educational, training and support program for each staff member which includes at
				least the causes and progression of dementias, the care and management of residents
				with dementias, and communication with dementia residents.
(d) Each Alzheimer's/dementia program has a
				full-time employee, with specialized training and/or experience in the care of
				residents with dementia, who has been designated as coordinator/director and whose
				duties include responsibility for the operation of the program.
(e) A consultant gerontologist is available to
				residents and to the program, as needed, to address the medical needs of the
				resident. "Consultant gerontologist" means a physician, psychiatrist, or geriatric
				advanced practice nurse who has specialized training and/or experience in the care
				of residents with dementia.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 46 - ALZHEIMER'S/DEMENTIA PROGRAMS-ADVISORY STANDARDS › Section 8:39-46.3 - Advisory environmental modification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The program includes
				appropriate facility modifications to ensure a safe environment which allows each
				Alzheimer's/dementia resident to function with maximum independence and
				success.
(b) The facility has developed
				safety policies and procedures and a security monitoring system which are specific
				to the program, based upon the physical location of the program as well as the
				individual needs of the Alzheimer's/dementia residents.
(c) The facility provides indoor and outdoor
				arrangements that allow residents freedom to ambulate in a controlled
				setting.
(d) Doors are marked with items
				familiar to the individual resident, which enhance the resident's ability to
				recognize his or her room, and bathrooms are specially marked and easily accessible.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 46 - ALZHEIMER'S/DEMENTIA PROGRAMS-ADVISORY STANDARDS › Section 8:39-46.4 - Advisory activity programming

Current through Register Vol. 56, No. 14, July 15, 2024
The Alzheimer's/dementia program provides a daily schedule of
				  special activities, seven days a week and at least two evenings per week, designed
				  to maintain residents' dignity and personal identity, enhance socialization and
				  success, and to accommodate the various cognitive and functional abilities of each
				  resident.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 46 - ALZHEIMER'S/DEMENTIA PROGRAMS-ADVISORY STANDARDS › Section 8:39-46.5 - Advisory nutrition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Alzheimer's/dementia program provides nutritional intervention as needed, based upon
				assessment of the eating behaviors and abilities of each resident. Interventions may
				include, but are not limited to, the following:
1.
				Verbal and non-verbal eating cues;
2.
				Modified cups, spoons, or other assistive devices; and
3. Simplified choices of foods or
				utensils.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 46 - ALZHEIMER'S/DEMENTIA PROGRAMS-ADVISORY STANDARDS › Section 8:39-46.6 - Advisory social services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				provides individual and group counseling to residents if appropriate, utilizing
				techniques designed to reach the dementia resident and to maintain the resident's
				maximum level of functioning.
(b)
				Families are encouraged and provided with opportunities to participate in planning
				and providing resident care.
(c) The
				facility provides individual and group counseling, support and education groups for
				families, and information and referral on bioethical and legal issues related to
				dementia, including competence, guardianship, conservatorship and advance
				directives.
(d) Family members are
				referred to community Alzheimer's disease support groups or other family counseling
				agencies, as required.
(e) Discharge
				care plans, including preparation for discharge from the unit, are discussed with
				the legal next of kin, and, if possible, with the resident at the time of admission
				to the program.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 47 - SUBACUTE CARE UNIT IN AN ACUTE CARE GENERAL HOSPITAL › Section 8:39-47.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
All hospital-based subacute care units shall comply with the rules
				  in this subchapter, all other pertinent rules in this chapter, the provisions at
				  N.J.S.A. 26:2H-7.4 et seq., and Federal Medicare requirements at P.L. 89-97
				  (42 U.S.C. §§
										1395 et seq.).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 47 - SUBACUTE CARE UNIT IN AN ACUTE CARE GENERAL HOSPITAL › Section 8:39-47.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter, shall
				  have the following meanings, unless the context clearly indicates otherwise.
"Hospital-based subacute care unit" means a distinct unit located
				  within an acute care general hospital that utilizes licensed long-term care beds to
				  provide subacute care.
"Subacute care" in an acute care general hospital means a
				  comprehensive inpatient program for patients who have had an acute illness, injury,
				  or exacerbation of a disease process, have a determined course of treatment
				  prescribed, and do not require intensive diagnostic or intensive invasive
				  procedures, but the patient's condition requires physician direction, intensive
				  nursing care, frequent recurrent patient assessment and review of the clinical
				  course and treatment plan for a period of time, significant use of ancillary medical
				  services and an interdisciplinary approach using professional teams of physicians,
				  nurses and other relevant professional disciplines to deliver complex clinical
				  interventions.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 47 - SUBACUTE CARE UNIT IN AN ACUTE CARE GENERAL HOSPITAL › Section 8:39-47.3 - Licensure of hospital-based subacute care units

Current through Register Vol. 56, No. 14, July 15, 2024
A hospital-based subacute care unit shall obtain a license to
				  operate from the Department prior to accepting any patients. The hospital shall
				  contact the Division of Health Facility Survey and Field Operations of the
				  Department by phone at (609) 292-9900 in order to schedule an initial licensure
				  survey. A license shall be issued only upon a finding by the Department that the
				  unit is in compliance with the licensure requirements specified at
				  N.J.A.C.
				  8:39-47.4.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Subchapter 47 - SUBACUTE CARE UNIT IN AN ACUTE CARE GENERAL HOSPITAL › Section 8:39-47.5 - Licensure renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Renewal of a license
				to operate a hospital-based subacute care unit shall be based upon the unit's
				compliance with the rules in this subchapter, all other pertinent rules in this
				chapter, the provisions of State of New Jersey
				P.L.
				1996, c. 102, and Federal
				Medicare requirements at P.L. 89-97 (
				42 U.S.C. §§
										1395 et seq.).
(b) The Department shall use the aggregate length
				of stay (total patient days/number of admissions) for the hospital-based subacute
				care unit as a monitoring benchmark, as an indicator of conformance with provisions
				of P.L.
				1996, c. 102, and as a
				condition of licensure renewal. For each annual renewal of the license, if the
				aggregate length of stay for patients admitted to the hospital-based subacute care
				unit during the four quarters immediately preceding the renewal application is
				determined to be greater than eight days, the Department shall not renew the
				subacute care license for the next annual licensure renewal cycle. A hospital shall
				not be permitted to reapply for a new certificate of need for a hospital-based
				subacute care unit for six months from the date of licensure nonrenewal or
				revocation.
1. In the case of licensure renewal
				applications submitted to the Department within one year after initial licensure,
				the aggregate length of stay shall be determined for the three quarters immediately
				preceding the licensure renewal application and used by the Department in accordance
				with (c) above.
2. For any patient who
				remains in the hospital-based subacute care unit in accordance with all provisions
				of 8:39-47.4(a)1, patient
				days accrued after the hospital has issued its written notice to discharge to the
				long-term care facility of origin shall not be included in the calculation of
				aggregate length of stay for the unit.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 39 - STANDARDS FOR LICENSURE OF LONG-TERM CARE FACILITIES › Appendix C

Current through Register Vol. 56, No. 14, July 15, 2024
GUIDELINES FOR THE USE OF RESTRAINTS
A. Written policies and procedures for use of
			 restraints should address at least the following:
1. Protocol for the use of alternatives to
			 restraints, such as staff or environmental interventions, structured activities, or
			 behavior management. Alternatives should be utilized whenever possible to avoid the
			 use of restraints;
2. Protocol for the
			 use and documentation of a progressive range of restraining procedures from the
			 least restrictive to the most restrictive;
3. A delineation of indications for use, which
			 should be limited to:
i. Prevention of imminent
			 harm to the resident or other persons when other means of control are not effective
			 or appropriate; or
ii. Prevention of
			 serious disruption of treatment or significant damage to the physical
			 environment;
4.
			 Contraindications for use, which should include, at least, clinical
			 contraindications, convenience of staff, or discipline of the resident;
5. Identification of restraints which may be used
			 in the facility, which should be limited to methods and mechanical devices that are
			 specifically manufactured for the purpose of physical restraint. Locked restraints,
			 double restraints on the same body part, four-point restraints, and confinement in a
			 locked or barricaded room should not be permitted;
6. Protocol for informing the resident and
			 obtaining consent when clinically feasible, and documenting the consent in the
			 resident's record;
7. Protocol for
			 notifying the family or guardian, obtaining consent if the resident is unable to
			 give consent, and documenting the consent in the resident's record; and
8. Protocol for removal of restraints when goals
			 have been accomplished.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 40 - MOBILITY ASSISTANCE VEHICLE AND BASIC LIFE SUPPORT AMBULANCE SERVICES › Subchapter 1 - AUTHORITY, SCOPE AND DEFINITIONS › Section 8:40-1.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
These rules are promulgated pursuant to
				  26:2H-1 et seq. and 30:4D-6.4 and 6.6,
				  which authorize the Commissioner to adopt rules pertaining to the operation of
				  services providing, or seeking to provide, mobility assistance or basic life support
				  care.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 40 - MOBILITY ASSISTANCE VEHICLE AND BASIC LIFE SUPPORT AMBULANCE SERVICES › Subchapter 1 - AUTHORITY, SCOPE AND DEFINITIONS › Section 8:40-1.2 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules shall apply to any person, public
				or private institution, agency, entity, corporation, general hospital and/or
				business concern that operates, or seeks to operate, a non-volunteer mobility
				assistance vehicle or basic life support ambulance service within the State of New
				Jersey. These rules serve to define the operational requirements of these services,
				to provide for a uniform application of standards, and to specify the personnel,
				equipment, organization and other resources required to successfully operate such
				services.
(b)N.J.A.C. 8:40-1 through 5
				and 7 shall apply to MAV services.
(c)N.J.A.C. 8:40-1 through 4, 6 and 7 shall apply
				to basic life support ambulance services.
(d) The rules in this chapter are hereby subject
				to the following modifications and additional terms and conditions:
1. All MAV and BLS crewmembers must wear personal
				protective equipment (PPE) in accordance with Centers for Disease Control (CDC) and
				Department of Health recommendations, as set forth in the Department of Health's
				Health and Safety Summary for EMS First Responders during the COVID-19 Pandemic
				Response, before and during the transportation of any patient. This includes, at a
				minimum:
i. An N95 or equivalent mask approved by
				the CDC/NIOSH;
ii. Eye
				protection;
iii. Gloves; and
iv. Isolation gowns (for known or suspected
				positive COVID-19 patients).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 40 - MOBILITY ASSISTANCE VEHICLE AND BASIC LIFE SUPPORT AMBULANCE SERVICES › Subchapter 1 - AUTHORITY, SCOPE AND DEFINITIONS › Section 8:40-1.4 - Waivers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner or
				his or her designee may grant a waiver of any part of this chapter if, in his or her
				opinion, such a waiver would not:
1. Endanger the
				life of any person;
2. Endanger the
				public health, safety or welfare; or
3.
				Adversely affect the provision of mobility assistance or basic life support
				care.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 40 - MOBILITY ASSISTANCE VEHICLE AND BASIC LIFE SUPPORT AMBULANCE SERVICES › Subchapter 2 - LICENSURE, INSPECTIONS AND AUDITS › Section 8:40-2.1 - Application for licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person, public
				or private institution, agency, entity, corporation, general hospital or business
				concern seeking to be licensed to operate an MAV or BLS ambulance service shall:
1. Fully complete an OEMS application for
				licensure, listing the name(s), home addresses and telephone numbers of all persons
				with an ownership interest in the proposed service. Applications may be obtained
				from OEMS at PO Box 360, Trenton, NJ 08625. However, applicants that are publicly
				held corporations need only list the person, corporation and/or entity with the
				controlling interest and those persons, corporations and/or entities holding five
				percent or more of the available shares of the corporation;
i. Incomplete applications shall not be processed
				and shall be returned to the applicant with no action taken. Incomplete applications
				may be completed and returned to the Department within six months from the date on
				which the application was returned to the applicant without the requirement of a
				second application fee. Once an applicant has been notified that the application is
				complete, the applicant shall have six months within which to request an initial
				provider audit and vehicle inspections. Failure to comply with these time frames
				shall require submission of a new application and fee;
ii. No application shall be processed if the
				proposed trade name of the service duplicates or is essentially similar to a
				licensed service's trade name or the proposed trade name of an applicant that has an
				application pending before the Department;
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 40 - MOBILITY ASSISTANCE VEHICLE AND BASIC LIFE SUPPORT AMBULANCE SERVICES › Subchapter 2 - LICENSURE, INSPECTIONS AND AUDITS › Section 8:40-2.2 - Track record review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				conduct a track record review of each proposed owner to determine whether the
				applicant or applicants have a demonstrated capacity to provide a high quality of
				care and to operate an MAV and/or BLS ambulance service in accordance with the rules
				contained in this chapter.
1. This review shall
				encompass the previous licensing track record of the applicant, both in New Jersey
				and in any other state. This evaluation shall include all other health care
				facilities and/or services owned, operated or managed by the applicant and any such
				facilities and/or services owned, operated or managed by any entity affiliated with
				the applicant.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 40 - MOBILITY ASSISTANCE VEHICLE AND BASIC LIFE SUPPORT AMBULANCE SERVICES › Subchapter 2 - LICENSURE, INSPECTIONS AND AUDITS › Section 8:40-2.3 - General licensing information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon finding that an
				applicant has met all of the requirements for licensure as set forth at
				8:40-2.1 and 2.2, the Department may
				issue the applicant a provider and/or applicable vehicle licenses. The provider
				license shall be prominently displayed at the provider's principal place of
				business. The original vehicle license shall be affixed to the lower right corner of
				the window of the rear (curbside) door of the patient compartment in such a manner
				that it is readable from outside the vehicle.
1.
				In order to facilitate the licensure of a new vehicle in the field, Department staff
				may issue a Certificate of Inspection. This Certificate of Inspection shall be valid
				for not more than 30 calendar days from the date of issue, and shall serve as
				authorization for operation of the vehicle while the provider is awaiting delivery
				by OEMS of the computer-generated vehicle license.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 40 - MOBILITY ASSISTANCE VEHICLE AND BASIC LIFE SUPPORT AMBULANCE SERVICES › Subchapter 2 - LICENSURE, INSPECTIONS AND AUDITS › Section 8:40-2.4 - Exemptions from licensing requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with
				the provisions of N.J.S.A. 26:2H-2b, this chapter shall not apply to BLS ambulance
				services provided by volunteer ambulance, first aid or rescue squads as defined in
				the New Jersey Highway Traffic Safety Act of 1987,
				27:5F-18 et seq. In accordance with the
				provisions of 30:4D-6.5, this chapter shall not apply
				to MAV services provided by volunteer ambulance, first aid or rescue squads as
				defined in the New Jersey Highway Traffic Safety Act of 1987,
				27:5F-18 et seq.
(b) Any person, public or private institution,
				agency, entity, corporation or business concern providing mobility assistance or
				basic life support care in any form or manner, where the transport originates within
				the State of New Jersey, shall first be licensed by the Department in accordance
				with the provisions of this chapter. For the purpose of this paragraph, geographic
				areas of exclusive Federal jurisdiction shall not be considered "within the State of
				New Jersey." However, the licensing requirements set forth in this chapter shall not
				apply to providers that are based in other states and that provide service in New
				Jersey when the provider is:
1. Transporting a
				patient through New Jersey from an out-of-State location to another out-of-State
				location;
2. Transporting a patient from
				an out-of-State location to a New Jersey location and returning that same patient to
				an out-of-State location on the same day; or
3. Transporting a patient on a one-way trip from
				an out-of-State location to a New Jersey location.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 40 - MOBILITY ASSISTANCE VEHICLE AND BASIC LIFE SUPPORT AMBULANCE SERVICES › Subchapter 2 - LICENSURE, INSPECTIONS AND AUDITS › Section 8:40-2.5 - Licensure and administrative fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensure fees shall
				be due when the application is filed, and shall be non-refundable. The application
				shall be accompanied by a single certified bank check (for example, a cashier's
				check) or money order in the correct amount, and shall be made payable to
				"Treasurer, State of New Jersey." Personal checks shall not be accepted.
(b) The fees for licensure as a new provider shall
				be as follows:
1. MAV service: $1,500 plus $100.00
				per licensable vehicle.
2. BLS ambulance
				service: $1,500 plus $100.00 per licensable vehicle.
3. MAV and BLS ambulance service: $1,500 plus
				$100.00 per licensable vehicle.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 40 - MOBILITY ASSISTANCE VEHICLE AND BASIC LIFE SUPPORT AMBULANCE SERVICES › Subchapter 2 - LICENSURE, INSPECTIONS AND AUDITS › Section 8:40-2.6 - Vehicle inspections and provider audits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Authorized
				representatives of the Department may conduct periodic vehicle inspections and
				provider audits as necessary to determine compliance with this chapter.
1. The Department may conduct scheduled
				inspections of each vehicle at least once every year.
2. The Department may conduct unscheduled vehicle
				inspections and/or provider audits at its discretion.
i. Unscheduled inspections and/or audits may be
				conducted by an authorized representative of the Department at any time, at any of
				the provider's places of business or at any place a vehicle is located, provided
				that patient care is not compromised. Department staff shall not stop any vehicle
				when it is traveling on a public roadway.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 40 - MOBILITY ASSISTANCE VEHICLE AND BASIC LIFE SUPPORT AMBULANCE SERVICES › Subchapter 3 - GENERAL ADMINISTRATIVE REQUIREMENTS › Section 8:40-3.1 - Administrator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each provider shall
				have an administrator who shall be responsible for the day-to-day operation of the
				service. The administrator may, but need not, be the owner of the service.
(b) The provider or the administrator shall
				designate one or more alternates to act in the administrator's absence.
1. The Department shall be informed of the name
				and telephone number of the administrator and his or her alternate within 14
				calendar days of appointment or of any subsequent change.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 40 - MOBILITY ASSISTANCE VEHICLE AND BASIC LIFE SUPPORT AMBULANCE SERVICES › Subchapter 3 - GENERAL ADMINISTRATIVE REQUIREMENTS › Section 8:40-3.2 - Business locations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provider shall
				maintain a principal place of business at one location. The Department shall be
				informed of the specific location of the principal place of business and shall be
				notified 14 calendar days in advance of any change in the location of the principal
				place of business.
1. Consistent with
				8:40-2.1(a)2, the
				principal place of business shall be located on an actual piece of real property and
				shall not be a post office box or mail drop.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 40 - MOBILITY ASSISTANCE VEHICLE AND BASIC LIFE SUPPORT AMBULANCE SERVICES › Subchapter 3 - GENERAL ADMINISTRATIVE REQUIREMENTS › Section 8:40-3.3 - Insurance coverage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to initial
				provider licensure, an applicant shall be required to arrange for each insurance
				carrier or agent to submit an official "Certificate of Insurance" form, issued by an
				insurance carrier, covering all three types of insurance listed in (c) below. Each
				such form shall show that the required insurance has been purchased and is in force.
				If the vehicles are insured as "Scheduled Autos," the Vehicle Identification Number
				(VIN) of each vehicle shall be listed on the "Certificate of Insurance" form. The
				trade name of the provider shall be listed as an insured. The Department, at its
				discretion, may require an applicant or provider, as applicable, to have its
				insurance carrier or agent submit additional official "Certificate of Insurance"
				forms.
1. The provider shall make the Department
				of Health and Senior Services a certificate holder of any required insurance
				policies.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 40 - MOBILITY ASSISTANCE VEHICLE AND BASIC LIFE SUPPORT AMBULANCE SERVICES › Subchapter 3 - GENERAL ADMINISTRATIVE REQUIREMENTS › Section 8:40-3.4 - Advertising restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No provider shall
				advertise or represent that it provides any health care services other than those
				services for which it is licensed.
(b)
				MAV and BLS ambulance services may advertise their services under generic headings
				such as "Ambulances" in the Yellow Pages [LESS THAN](R)[GREATER THAN] and similar
				publications. The actual advertisement under such a generic heading shall clearly
				advertise only those services for which the provider is licensed.
(c) Advertisements by MAV services shall not give
				the impression that the provider is capable of providing emergency medical services
				and shall be void of any word or expression indicating emergency medical services,
				including, but not limited to, "Emergency," "9-1-1," or "Emergency
				Response."
(d) The words "24-hour
				service," "Immediate Response," "Eliminate Delay" or similar expressions shall only
				appear in advertisements for BLS ambulance services providing emergency response and
				only if the provider is capable of providing continuous, around-the-clock answering
				of telephone requests for service by a person qualified to:
1. Promptly summon crewmembers (if necessary);
				and/or
2. Dispatch assistance.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 40 - MOBILITY ASSISTANCE VEHICLE AND BASIC LIFE SUPPORT AMBULANCE SERVICES › Subchapter 3 - GENERAL ADMINISTRATIVE REQUIREMENTS › Section 8:40-3.6 - Patient care reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provider shall develop a patient care
				report to be utilized each time a crewmember makes physical or verbal contact with a
				patient.
1. A separate patient care report shall
				be prepared for each patient transported in the same vehicle. One patient care
				report, per person shall be completed. A separate patient care report shall be
				completed for each leg of a round trip transport.
2. The patient care report shall be signed by all
				of the crewmembers.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 40 - MOBILITY ASSISTANCE VEHICLE AND BASIC LIFE SUPPORT AMBULANCE SERVICES › Subchapter 3 - GENERAL ADMINISTRATIVE REQUIREMENTS › Section 8:40-3.7 - Reportable events

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Providers shall
				notify the Department by telephone, followed by written confirmation on the form
				provided at Appendix C, of:
1. Any death or injury
				that occurred to a patient, passenger or crewmember while being treated, transported
				or riding in the provider's vehicle;
2.
				Any accident reportable pursuant to
				39:4-129 et seq. in which one or more
				of the provider's vehicles is involved, regardless of whether or not the accident is
				actually reported to the police as required pursuant to
				39:4-129 et seq.;
3. Any event occurring on or within the provider's
				vehicle(s) or place of business that results in any damage to patient medical
				records;
4. Any instance where a
				crewmember acts outside of his or her approved scope of practice;
5. Any and all incidents or series of incidents
				which, upon objective evaluation, lead to the good faith belief that the conduct is
				in violation of any applicable law, rule and/or regulation (including, but not
				limited to, any instances of child abuse or neglect, elder abuse, domestic violence
				and/or the utilization of physical behavioral restraints); and/or
6. Any PIOOS for a period greater than 30 calendar
				days.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 40 - MOBILITY ASSISTANCE VEHICLE AND BASIC LIFE SUPPORT AMBULANCE SERVICES › Subchapter 3 - GENERAL ADMINISTRATIVE REQUIREMENTS › Section 8:40-3.8 - Personnel files

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A provider shall
				maintain a personnel file for each crewmember. Each file shall contain, at a
				minimum:
1. The name and home address of the
				crewmember;
2. A copy of the
				crewmember's valid driver's license;
3.
				A copy of the crewmember's photo I.D. (a valid photo driver's license may be
				utilized);
4. A copy of the crewmember's
				PAT Technician, MAV Technician or EMT-Basic certification card, as applicable;
				and
5. A copy of the crewmember's CPR
				certification card;
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 40 - MOBILITY ASSISTANCE VEHICLE AND BASIC LIFE SUPPORT AMBULANCE SERVICES › Subchapter 3 - GENERAL ADMINISTRATIVE REQUIREMENTS › Section 8:40-3.9 - Maintenance of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provider shall
				maintain full, complete and accurate records as required by this chapter. Records
				shall not be falsified, altered or destroyed. Records may be stored in a computer
				format, provided that adequate safeguards are in place to prevent unauthorized
				access and tampering, and adequate provisions for back-up data are in place. These
				provisions shall be incorporated into the required SOP manual.
(b) The provider shall keep a copy of each
				required record, including patient care reports, at its principal place of business.
				The records shall be made available to Department staff upon demand.
(c) The provider shall retain and safely store all
				patient medical records, including patient care reports, for at least 10 years.
				However, in those instances where a patient is less than 18 years of age at the time
				of treatment, the patient medical records shall be retained and stored until the
				patient's 23rd birthday or for 10 years, whichever is greater. The provider shall
				retain and safely store all other required records for at least five years. In the
				event the provider ceases operation for any reason, the provider shall arrange for
				the safe storage of required records at a place, and in a manner, that will ensure
				their safety, integrity, legibility, and accessibility.