reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 27 - BODY ART AND EAR-PIERCING FACILITY STANDARDS › Subchapter 11 - ENFORCEMENT › Section 8:27-11.3 - Criteria for closure and permit or license suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A health
				authority immediately may close an establishment and/or suspend an operator's
				license or permit to operate a body art or ear-piercing establishment if the health
				authority finds that such action is necessary to abate an actual or imminent threat
				to public health.
(b) Following is a
				non-exclusive list of examples of conditions that pose an actual or imminent threat
				to public health and warrant a health authority's immediate closure of an
				establishment:
1. Failure or lack of properly
				functioning equipment;
2. Failure of an
				operator to report malfunctioning or missing required equipment to the health
				authority pursuant to
				N.J.A.C.
				8:27-5.4, except as provided at (c)
				below;
3. Unsanitary or unsafe
				conditions;
4. The health authority has
				reasonable cause to suspect that an operator, a practitioner, or an apprentice is,
				or may be, transmitting a communicable disease;
5. A practitioner demonstrates gross incompetence
				in performing body art or ear piercing;
6. An operator obtains, or attempts to obtain, a
				permit or license by means of fraud, misrepresentation, or concealment;
7. Subject to (b)7i below, an operator, a
				practitioner, or an apprentice is convicted in this State, or any other state, of a
				crime directly related to the practice of body art or ear piercing.
i. This provision applies only to a crime
				occurring subsequent to the health authority's issuance of a license or permit to
				operate, provided the operator fully disclosed to the health authority all prior
				crimes of the operator, practitioners, and/or apprentices of the establishment, the
				relevance of which, the health authority considered in determining the applicant's
				fitness to receive the requested license or permit to operate and/or the
				appropriateness of the operator allowing the convicted practitioner or apprentice to
				perform services at the establishment;
8. An operator engages in, or condones, and/or a
				practitioner or an apprentice engages in, illegal activity on the establishment
				premises;
9. An operator allows, or
				fails to prevent, the performance of, a genital piercing upon a person under 18
				years of age at the establishment;
10.
				An operator allows, or fails to prevent, the performance of implants, branding,
				and/or cutting at a body art establishment; and/or
11. A person who does not meet the training,
				experiential, and credentialing requirements of this chapter performs body art
				procedures in a body art establishment.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 27 - BODY ART AND EAR-PIERCING FACILITY STANDARDS › Subchapter 11 - ENFORCEMENT › Section 8:27-11.4 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Any person who violates any provision of this chapter or an
				  applicable provision of Subtitle 1 of Title 24, or Title 26, of the Revised
				  Statutes, or who fails or refuses to comply with a lawful order or directive of the
				  health authority, shall be liable for penalties and/or subject to injunctive action
				  and other remedies as provided by applicable law, including, but not limited to,
				  N.J.S.A. 24:2-2.1et seq., 24:17-1 et seq., and 26:1A-10, 27, and
				  28.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 27 - BODY ART AND EAR-PIERCING FACILITY STANDARDS › Subchapter 11 - ENFORCEMENT › Section 8:27-11.5 - Adulterated or misbranded device or cosmetic; detention and embargo

Current through Register Vol. 56, No. 14, July 15, 2024
If a health authority finds, or has probable cause to believe,
				  that a device or cosmetic, such as pigment, at an establishment is adulterated or
				  misbranded within the meaning of Title 24 of the Revised Statutes (see particularly
				  N.J.S.A.
				  24:5-1 et seq.), the health authority shall detain
				  and/or embargo the device or cosmetic in accordance with
				  N.J.S.A.
				  24:4-12.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 8:28-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to:
1. Implement
26:2D-81
et seq. ( P.L. 1989,
				c. 234, amended and supplemented by
				P.L.
				2006, c. 48;
				P.L.
				2012, c. 17; and, P.L. 2013,
				c. 39 ); and
2. Establish minimum safety
				and sanitation standards for the operation of tanning facilities in order to protect
				the health and safety of consumers that patronize tanning facilities.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 2 - REGISTRATION AND INSPECTION › Section 8:28-2.1 - Initial registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall operate a tanning facility
				within this State prior to registering the tanning facility with the
				Department.
(b) If a person owns or
				operates more than one tanning facility, the person shall file a separate
				application for registration for each tanning facility.
(c) A person that owns or operates a tanning
				facility shall apply for registration of each facility with the
				Department.
(d) Each applicant for
				registration shall complete an Application for Tanning Facilities Registration form,
				incorporated herein by reference, as set forth at chapter Appendix A.
(e) Each applicant shall submit with the
				registration application form an annual, non-refundable, registration fee, in
				accordance with the following fee schedule.
1. All
				sunlamp products provided in a tanning facility shall be subject to the registration
				fee schedule.
2. A tanning facility that
				provides up to and including 10 sunlamp products shall pay an annual fee of $
				300.00.
3. A tanning facility that
				provides more than 10 sunlamp products shall pay an additional registration fee of $
				10.00 for each sunlamp product that exceeds the first 10 sunlamp products.
4. The applicant shall submit the registration
				application form and a single certified check (for example, a cashier's check) or
				money order, payable to "Treasurer, State of New Jersey."
i. The Department shall not accept personal
				checks.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 2 - REGISTRATION AND INSPECTION › Section 8:28-2.2 - Issuance and term of Certificate of Registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department shall issue an initial Certificate of Registration to a tanning facility
				after:
1. Receipt and review of a fully and
				accurately completed initial registration application form pursuant to
				8:28-2.1(d);
				and
2. Receipt of the required
				registration fee established at
				8:28-2.1(e).
3. Receipt and review of a satisfactory inspection
				report as determined and issued by the local board of health, certifying the
				facility's substantial compliance with this chapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 2 - REGISTRATION AND INSPECTION › Section 8:28-2.3 - Renewal of registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				renew a registered tanning facility's Certificate of Registration after:
1. Receipt and review of a fully and accurately
				completed registration application form with the annual renewal registration box
				checked off;
i. The registrant shall submit a
				registration application form with the annual renewal registration box checked off
				to the Department no less than 30 calendar days prior to the expiration of the
				existing Certificate of Registration;
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 2 - REGISTRATION AND INSPECTION › Section 8:28-2.4 - Change of information notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registrant shall
				notify the Department in writing, by checking off the change of registration
				information box on the registration application form, within 30 calendar days of
				making any change that would render the information previously reported in the
				registration application form, or the Certificate of Registration, no longer
				accurate.
1. This change of information
				notification requirement shall not apply to changes involving replacement of
				designated original ultraviolet lamps and other tanning equipment with equipment
				that the manufacturer has certified as equivalent replacement.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 2 - REGISTRATION AND INSPECTION › Section 8:28-2.5 - Inspections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An operator shall
				permit, after provision of proper identification, agents of the Department or local
				board of health to enter the tanning facility during business hours for the purposes
				of making inspections, investigating complaints, and determining whether the tanning
				facility is in compliance with the standards established pursuant to the
				Act.
(b) Each registrant shall make
				available, upon request, to the Department or local board of health any and all
				records and documents retained pursuant to
				8:28-3.12.
(c) The local board of health with direct
				jurisdiction over the municipality in which a tanning facility is located shall:
1. Inspect the facility at least annually to
				ensure continued substantial compliance with the safety standards;
2. Conduct inspections using the Tanning Facility
				Inspection Checklist form, incorporated herein by reference, and set forth at
				chapter Appendix B; and
3. Certify that
				the facility is in substantial compliance with the safety standards at
				26:2D-83 and this chapter; and
i. The local board of health shall certify
				substantial compliance through the issuance of a satisfactory inspection
				report.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 3 - OPERATION OF TANNING FACILITIES › Section 8:28-3.1 - Equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Tanning facilities shall use only sunlamp
				products and tanning equipment that are manufactured and certified in compliance
				with
				21
				CFR 1040.20, Sunlamp products and ultraviolet
				lamps intended for use in sunlamp products, incorporated herein by reference, as
				amended and supplemented.
1. The Department or
				local board of health shall use the standard in effect at the time of manufacture,
				as shown on the device identification label required by
				21 CFR
				1010.3 to satisfy the facility's compliance with
				21
				CFR 1040.20.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 3 - OPERATION OF TANNING FACILITIES › Section 8:28-3.2 - Construction of tanning facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each registrant
				shall ensure that the tanning facility is equipped with convenient restroom
				facilities and dressing rooms.
1. At a minimum,
				restroom facilities shall include a toilet, a hand-washing sink, liquid hand soap,
				sanitary hand drying towels or devices, and a safe and sanitary supply of
				water.
2. Restrooms and dressing rooms
				shall be properly constructed and maintained in accordance with all applicable State
				and local codes.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 3 - OPERATION OF TANNING FACILITIES › Section 8:28-3.3 - Sanitation and maintenance of tanning facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The operator shall
				ensure that all areas of the tanning facility, including all tanning equipment, are
				maintained in a clean and sanitary manner and in accordance with the manufacturers'
				instructions.
(b) The operator shall
				ensure that facility personnel thoroughly clean and sanitize all tanning equipment
				surfaces in contact with consumers with an appropriate EPA-registered hospital grade
				disinfectant agent after each use, in accordance with the product label.
1. Single use, disposable eyewear and
				consumer-owned eyewear are exempt from the requirement in (b) above, provided that
				no other consumers use the eyewear.
2.
				The operator shall ensure that all tanning equipment is cleaned and disinfected
				according to the following minimum requirements:
i. A clean paper or cloth towel, or disposable
				wipe, shall be used each time the tanning equipment is cleaned and
				disinfected;
ii. Cleaning and
				disinfecting agents shall be specifically manufactured for cleaning and sanitizing
				ultraviolet light-emitting equipment and protective eyewear that will not damage the
				eyewear or the acrylic lamp covers of the sunlamp product; and
iii. If the disinfectant agent is not
				ready-to-use, the registrant shall provide written procedures at the tanning
				facility that include mixing, testing and handling instructions, to ensure proper
				concentration and efficacy of the disinfecting solution, along with an appropriate
				test kit for verifying the solution concentration.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 3 - OPERATION OF TANNING FACILITIES › Section 8:28-3.4 - Warning sign

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The registrant shall conspicuously display, in
				each area with sunlamp products, the warning sign described in (b) below.
1. The warning sign shall be displayed in such a
				manner that the sign is clearly visible, not obstructed by any barrier, equipment or
				other object, and easily viewed by the consumer before operating the sunlamp
				product.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 3 - OPERATION OF TANNING FACILITIES › Section 8:28-3.6 - Protective eyewear

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The operator shall
				require that each consumer wear protective eyewear when using sunlamp
				products.
(b) The operator shall make
				available protective eyewear and instructions for use to each consumer, unless the
				consumer furnishes his or her own protective eyewear that meets the requirements in
				this section.
(c) The operator shall be
				responsible for ensuring that each consumer has the protective eyewear required by
				this section before each tanning session and shall make a reasonable effort to
				ensure that each consumer uses protective eyewear when tanning.
(d) The protective eyewear required by this
				section shall meet the standards established at
				21
				CFR 1040.20(c)(4).
(e) Tanning facility personnel shall be
				responsible for disinfecting any reusable protective eyewear furnished by the
				registrant to a consumer in accordance with
				8:28-3.3(b).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 3 - OPERATION OF TANNING FACILITIES › Section 8:28-3.7 - Protection of consumers-general

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The registrant shall
				ensure that at least one trained operator is present and available in the tanning
				facility at all times when the tanning facility is in operation.
(b) The registrant shall develop and provide a
				procedure manual to assist tanning facility operators in the provision of a safe and
				sanitary facility and in the protection of consumers from excessive or unnecessary
				exposure to ultraviolet radiation.
1. The
				procedure manual shall be specific to the tanning facility and shall include this
				chapter and guidance regarding all other activities necessary for the proper and
				safe operation of the tanning facility.
2. The registrant shall ensure that a copy of the
				procedure manual is kept onsite and readily available at all times during operation
				of the tanning facility.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 3 - OPERATION OF TANNING FACILITIES › Section 8:28-3.8 - Protection of consumers-minors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A tanning facility
				operator shall not permit a minor who is less than 17 years of age to use a sunlamp
				product in the tanning facility; a minor who is at least 17 years of age may use a
				sunlamp product in the tanning facility provided the minor's parent or legal
				guardian is present at the tanning facility for the initial consultation.
1. An emancipated minor shall be exempt from the
				authorization requirement upon legal proof documenting the minor's emancipation
				status.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 3 - OPERATION OF TANNING FACILITIES › Section 8:28-3.9 - Protection of consumers-exposure limits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to an initial
				tanning session with any sunlamp product, the operator, in consultation with each
				consumer, shall develop an individualized skin phototype evaluation to be used in
				determining the consumer's exposure schedule for the sunlamp product that the
				consumer will use, in accordance with the manufacturer's product label and user
				instruction recommendations.
1. The facility's
				skin phototype classification system shall be able to determine the consumer's skin
				type at least as accurately as the standard established in the Fitzpatrick
				Classification Scale, developed by Thomas Fitzpatrick, MD, PhD, incorporated herein
				by reference, as amended and supplemented, and available by written request to the
				PHSSP mailing address or online through the PHSSP website.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 3 - OPERATION OF TANNING FACILITIES › Section 8:28-3.10 - Protection of personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The registrant shall
				not require tanning facility personnel to use sunlamp products as a condition of
				employment, or permit the use of sunlamp products as a form of compensation for
				work.
(b) Tanning facility personnel
				shall comply with all the requirements of this chapter when using the facility's
				sunlamp products.
(c) The registrant
				shall ensure that tanning facility personnel are provided with necessary personal
				protective equipment when performing tanning equipment maintenance and when using
				cleaning and disinfecting agents, in accordance with product user instructions and
				labels.
(d) The registrant shall ensure
				that tanning facility personnel are not unnecessarily exposed to ultraviolet
				radiation from sunlamp products as a result of their employment.
1. The registrant shall ensure that any necessary
				exposure to ultraviolet radiation resulting from routine maintenance requirements,
				such as bulb maintenance, is kept to the minimum duration required to perform the
				task.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 3 - OPERATION OF TANNING FACILITIES › Section 8:28-3.11 - Training of personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All tanning facilities shall complete the
				operator training requirements established in this section, within 30 calendar days
				of initial registration.
(b) All newly
				hired operators shall complete the training requirements prior to assuming
				independent operator responsibilities.
(c) The registrant shall ensure that all tanning
				facility operators are adequately trained using the training curriculum developed
				for that facility.
(d) The contents of
				the training curriculum shall include, but not be limited to, the following:
1. This chapter and
				21
				CFR 1040.20;
2. The procedure manual for proper operation of
				the tanning facility, sunlamp products, and tanning equipment;
3. The user instructions provided by the sunlamp
				manufacturer for operation and maintenance of the sunlamp products, including
				replacement part compatibility requirements;
4. A summary of the biological effects of
				ultraviolet radiation, maximum allowable time of exposure, photosensitivity, and
				determination of human skin phototypes as it relates to compliant use of the
				exposure schedule;
5. Guidelines for
				operators regarding recognition of injury or overexposure to ultraviolet
				radiation;
6. Potential photosensitizing
				agents and medical conditions that contraindicate exposure to ultraviolet radiation
				or necessitate prior consultation with a physician;
7. Requirements for the proper use of protective
				eyewear; and
8. Procedures implemented
				in the event of an emergency situation, such as a fire.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 3 - OPERATION OF TANNING FACILITIES › Section 8:28-3.12 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The registrant shall be responsible for
				maintaining all records described in this section.
(b) The registrant shall be responsible for:
1. Retaining required records for a minimum of
				three years;
2. Retaining required
				records in either an electronic (with backup) or a printed format; and
3. Making required records available for onsite
				review by the Department or local board of health.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 3 - OPERATION OF TANNING FACILITIES › Section 8:28-3.13 - Advertising and promotion

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person or tanning
				facility shall advertise the use of any sunlamp product using wording, such as
				"safe," "safer," "safe tanning," "no harmful rays," "no adverse effect," or similar
				wording or concepts.
(b) No person or
				tanning facility shall use, cause to be used, or promote the use of any advertising,
				promotional literature, testimonial, guarantee, warranty, label, brand, insignia or
				any other representation, however disseminated or published, which is false or
				misleading.
(c) No person, in any
				advertisement, shall refer to the fact that a tanning facility, is registered with
				the Department or is certified as in compliance with this chapter by the local board
				of health.
(d) No person or tanning
				facility shall state or imply that the Department or the local board of health
				approve of any activity performed in a facility registered by the
				Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 4 - ENFORCEMENT › Section 8:28-4.1 - Denial, suspension, or revocation of registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition
				to sanctions provided in
8:28-4.2
, the
				Department may deny, suspend, or revoke a Certificate of Registration for violation
				of any of the provisions of the Act, except as provided in
8:28-4.2(b)
,
				or if necessary to abate a threat to the public health, safety, or
				welfare.
(b) The Department shall deny a
				Certificate of Registration to an applicant or registrant in accordance with the
				provisions of 8:28-2.1(h) through (k)
				and 2.3(e) and (f).
(c) The following
				actions or inactions by a registrant or operator(s) shall be cause for suspension of
				registration and facility operation for a period of time determined to be
				appropriate by the Department to ensure correction of cited deficiencies:
1. Failure to maintain the tanning facility in
				substantial compliance with the requirements set forth in this chapter;
2. Failure to ensure that all consumers follow
				their individualized exposure schedules for the sunlamp product used;
3. Failure to ensure that consumers have
				FDA-compliant eyewear prior to using a sunlamp product;
4. Failure to review the photosensitizing agent
				list with consumers, or parents or legal guardians for consumers at least 17, but
				less than 18 years of age; or
5. Failure
				to allow duly authorized agents of the Department or local board of health to
				conduct inspections pursuant to
				8:28-2.5(a) and
				(b).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 4 - ENFORCEMENT › Section 8:28-4.2 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person who violates any of the provisions of
				the Act, except as provided in (b) below, is subject to a penalty of $ 100.00 for
				the first offense and $ 200.00 for each subsequent offense, in accordance with
				26:2D-87.
(b) A person who violates any of the provisions of
				the Act concerning a minor's use of a tanning facility is subject to a penalty of $
				1,000 for the first offense, $ 2,000 for the second offense, and $ 2,000 and a
				five-day suspension of the facility's registration and operation for third and
				subsequent offenses, in accordance with
				26:2D-87.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 4 - ENFORCEMENT › Section 8:28-4.3 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the
				Department shall find cause to deny, suspend or revoke a certificate of
				registration, it shall notify the registrant of the reasons for such action, in
				writing, and provide opportunity for a hearing in accordance with the Administrative
				Procedure Act, 52:14B-1 et seq., and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1.
(b) The registrant shall file a request for a
				hearing within 10 business days from the date of receipt of the notice.
1. All requests for hearing shall be in writing
				and shall be directed to the Commissioner.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 5 - FORMS › Section 8:28-5.1 - Forms

Current through Register Vol. 56, No. 14, July 15, 2024
The Department's forms provided at chapter Appendices A and B are
				  available by written request to the PHSSP mailing address or online through the
				  PHSSP webpage or the Department's webpage at
http://web.doh.state.nj.us/apps2/forms/subforms.aspx?pro=eoh/phss
.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 30 - RULES IMPLEMENTING THE HEALTH CARE PROFESSIONAL RESPONSIBILITY AND REPORTING ENHANCEMENT ACT › Subchapter 1 - RULES IMPLEMENTING THE HEALTH CARE PROFESSIONAL RESPONSIBILITY AND REPORTING ENHANCEMENT ACT › Section 8:30-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				implements the Health Care Professional Responsibility and Reporting Enhancement
				Act, P.L.
				2005, c. 83 (approved May 3,
				2005), and is to apply consistent with N.J.A.C. 13:45E.
(b) This chapter applies to all health care
				entities.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 30 - RULES IMPLEMENTING THE HEALTH CARE PROFESSIONAL RESPONSIBILITY AND REPORTING ENHANCEMENT ACT › Subchapter 1 - RULES IMPLEMENTING THE HEALTH CARE PROFESSIONAL RESPONSIBILITY AND REPORTING ENHANCEMENT ACT › Section 8:30-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words
				and terms are defined in the Act at
				P.L.
				2005, c. 83 at §§
				2 and/or 4 (N.J.S.A. 26:2H-12.2b and/or 45:1-28),
				and/or in the rules at N.J.A.C. 13:45E, and are used in this chapter as defined in
				the Act and/or N.J.A.C. 13:45E:
"Board";
"Division";
"Health care entity";
"Health care professional"; and
"Licensee."
(b) The following words and terms, as used in this
				chapter, shall have the following meanings, unless the context clearly indicates
				otherwise:
"Act" means the Health Care Professional Responsibility and
				  Reporting Enhancement Act,
				  P.L.
				  2005, c. 83 (approved May 3,
				  2005).
"Clearing House Coordinator" means a "Health Care Professional
				  Information Clearinghouse Coordinator" as
				  N.J.S.A.
				  45:1-40 uses that term, and a "Clearing House
				  Coordinator" as N.J.A.C. 13:45E defines that term.
"Employee" means a health care professional who:
1. Is employed by a health care entity;
2. Has an affiliation with a health care
				entity;
3. Is under contract to render
				professional services to a health care entity;
4. Has privileges granted by a health care entity;
				or
5. Provides health care professional
				services to a health care entity pursuant to an agreement with a health care
				services firm or staffing registry.
"Facility" means a health care facility licensed pursuant to
				  N.J.S.A.
				  26:2H-1 et seq.
"Medical Practitioner Review Panel" or "review panel" means the
				  Medical Practitioner Review Panel established pursuant to
				  N.J.S.A.
				  45:9-19.8.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 30 - RULES IMPLEMENTING THE HEALTH CARE PROFESSIONAL RESPONSIBILITY AND REPORTING ENHANCEMENT ACT › Subchapter 1 - RULES IMPLEMENTING THE HEALTH CARE PROFESSIONAL RESPONSIBILITY AND REPORTING ENHANCEMENT ACT › Section 8:30-1.3 - Reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A health
				care entity shall comply with the requirements of
				N.J.A.C.
				13:45E-3.1 for notification to the Clearing House
				Coordinator.
(b) A health care entity
				shall use the form of report required pursuant to
				N.J.A.C.
				13:45E-5.1 when providing notification to the
				Clearing House Coordinator.
(c) A health
				care entity shall cooperate with a request for information by the Division, a board,
				or the Medical Practitioner Review Panel.
(d) A health care entity shall comply with
				N.J.A.C.
				13:45E-3.3 by executing a joint report to the
				Clearing House Coordinator with a healthcare professional.
(e) A health care entity shall comply with
				N.J.A.C.
				13:45E-4.1 by providing a copy of a report filed
				with the Clearing House Coordinator to the health care professional who is the
				subject of the report.
(f) A health care
				entity shall provide a copy of the notice submitted to the Clearing House
				Coordinator in accordance with (a) above to a staffing agency or healthcare services
				firm when the health care professional who is the subject of the notice is providing
				services to the health care entity pursuant to a contract with a staffing agency or
				health care services firm.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 30 - RULES IMPLEMENTING THE HEALTH CARE PROFESSIONAL RESPONSIBILITY AND REPORTING ENHANCEMENT ACT › Subchapter 1 - RULES IMPLEMENTING THE HEALTH CARE PROFESSIONAL RESPONSIBILITY AND REPORTING ENHANCEMENT ACT › Section 8:30-1.4 - Inquiry using, and response to, a Health Care Facility Inquiry Regarding Health Care Professional form; response time; response to non-form written requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A facility inquiring
				about a healthcare professional pursuant to
				N.J.S.A.
				26:2H-12.2c and N.J.A.C. 13:45E-6:
1. Shall use the Health Care Facility Inquiry
				Regarding Health Care Professional form, CN-9, incorporated herein by reference as
				N.J.A.C. 8:30 Appendix and available from the Department's website at
www.nj.gov/health/forms
(inquiry form),
				in making an inquiry to another facility; and
2. May use the inquiry form in making inquiries to
				health care entities other than facilities.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 30 - RULES IMPLEMENTING THE HEALTH CARE PROFESSIONAL RESPONSIBILITY AND REPORTING ENHANCEMENT ACT › Subchapter 1 - RULES IMPLEMENTING THE HEALTH CARE PROFESSIONAL RESPONSIBILITY AND REPORTING ENHANCEMENT ACT › Section 8:30-1.5 - Maintenance of records of complaints and disciplinary actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless another applicable law requires
				retention for a longer period, in which case (d) below shall apply, a health care
				entity shall maintain and retain, for seven years from the date of the occurrence
				that triggered the creation of the record, all records of all documented complaints
				of events related to patient care provided by, and disciplinary proceedings or
				actions against, a health care professional:
1.
				Whom the health care entity employs and/or has employed; and/or
2. With whom the health care entity has and/or has
				had an affiliation.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 30 - RULES IMPLEMENTING THE HEALTH CARE PROFESSIONAL RESPONSIBILITY AND REPORTING ENHANCEMENT ACT › Subchapter 1 - RULES IMPLEMENTING THE HEALTH CARE PROFESSIONAL RESPONSIBILITY AND REPORTING ENHANCEMENT ACT › Section 8:30-1.6 - Civil monetary penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to N.J.S.A.
				26:2H- 12.2.b, health care entities are subject to the following penalties for
				failing to comply with this chapter:
1. $ 500.00
				per violation, which the Department may assess for each day of noncompliance it
				finds, for failing to notify the Clearing House Coordinator, or failing to comply
				with a request for information from the Division or the Medical Practitioner Review
				Panel, as required pursuant to
				N.J.A.C.
				8:30-1.3 (a) and (c);
2. $ 250.00 per violation for failing to comply
				with N.J.A.C.
				8:30-1.3(c);
3. $ 1,000 per violation for failing to comply
				with N.J.A.C.
				8:30-1.3(d);
4. $ 250.00 per violation, which the Department
				may assess for each day of noncompliance it finds, for failing to respond in a
				timely and/or truthful manner to an inquiry submitted pursuant to
				N.J.A.C.
				8:30-1.4;
5. $ 500.00 per violation, which the Department
				may assess for each day of noncompliance it finds, for failing to comply with a
				request for records submitted pursuant to
				N.J.A.C.
				8:30-1.5; and
6. Up to $ 1,000 per violation for failing to
				maintain the records as required by
				N.J.A.C.
				8:30-1.5.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 30 - RULES IMPLEMENTING THE HEALTH CARE PROFESSIONAL RESPONSIBILITY AND REPORTING ENHANCEMENT ACT › Subchapter 1 - RULES IMPLEMENTING THE HEALTH CARE PROFESSIONAL RESPONSIBILITY AND REPORTING ENHANCEMENT ACT › Appendix - APPENDIX

Current through Register Vol. 56, No. 14, July 15, 2024
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New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31A - AMBULATORY CARE FACILITY ASSESSMENT › Subchapter 1 - GENERAL PROVISIONS › Section 8:31A-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to implement
				the requirements at
				N.J.S.A.
				26:2H-1 et seq., particularly at 26:2H-18.57,
				which requires the Department of Health to assess a fee in the manner described at
				N.J.A.C. 8:31A-2on each ambulatory care facility that is licensed to provide one or
				more of the ambulatory care services listed at (b) below.
(b) The provisions of this chapter shall apply to
				ambulatory care facilities that are licensed to provide one or more of the following
				ambulatory care services: ambulatory surgery, computerized axial tomography,
				comprehensive outpatient rehabilitation, extracorporeal shock wave lithotripsy,
				magnetic resonance imaging, megavoltage radiation oncology, positron emission
				tomography, orthotripsy and sleep disorder services.
(c) The provisions of this chapter shall not apply
				to an ambulatory care facility that is licensed to a hospital in this State as an
				off-site ambulatory care service facility.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31A - AMBULATORY CARE FACILITY ASSESSMENT › Subchapter 1 - GENERAL PROVISIONS › Section 8:31A-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall
				  have the following meanings, unless the context clearly indicates otherwise:
"Ambulatory Care Facility Assessment Unit" or "Unit" means a unit
				  of the Department for which the contact information is Ambulatory Care Facility
				  Assessment Unit, Office of Health Care Financing, New Jersey Department of Health,
				  55 North Willow Street, 5th Floor, Room 5015, Trenton, NJ 08625-0360, telephone:
				  (609) 376-8530, electronic mail: AAP@doh.nj.gov .
"Commissioner" means the Commissioner of the New Jersey Department
				  of Health.
"Covered facility" means any ambulatory care facility that is
				  required to be licensed by the Department to provide any of the following services:
				  ambulatory surgery, computerized axial tomography, comprehensive outpatient
				  rehabilitation, extracorporeal shock wave lithotripsy, magnetic resonance imaging,
				  megavoltage radiation oncology, positron emission tomography, orthotripsy and sleep
				  disorder services, unless the facility is licensed by the Department as a
				  hospital-based off-site ambulatory care facility.
"De minimis amount" means a difference between reported and
				  audited gross receipts that results in less than a 10 percent understatement of a
				  facility's assessment liability.
"Department" means the New Jersey Department of Health.
"Gross receipts" means the payments received by a covered facility
				  for all health care services rendered in the facility. Gross receipts are net of
				  returns and contractual allowances and other items that correct for payments that
				  will not be received. However, gross receipts are not net of the costs of providing
				  services, payments of taxes, or other costs.
"Uniform gross receipts assessment rate" means the rate that the
				  Department uses to calculate the assessment on the gross revenues of covered
				  facilities beginning with the State fiscal year 2011 assessment. The Department
				  calculates the rate according to
				  N.J.S.A.
				  26:2H-18.57. The rate equals 2.95
				  percent.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31A - AMBULATORY CARE FACILITY ASSESSMENT › Subchapter 2 - ASSESSMENT › Section 8:31A-2.1 - Calculation of assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The uniform gross
				receipts assessment rate of 2.95 percent applies to each covered facility with at
				least $ 300,000 in gross receipts, as documented in the facility's most recent
				annual report to the Department pursuant to N.J.A.C. 8:31A-3, except that no
				facility shall pay an assessment greater than $ 350,000.
(b) Each facility shall submit the amount that the
				Department assesses pursuant to (a) above to the Department in accordance with
				N.J.A.C.
				8:31A-2.2.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31A - AMBULATORY CARE FACILITY ASSESSMENT › Subchapter 2 - ASSESSMENT › Section 8:31A-2.2 - Payment of assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each covered facility shall pay its annual
				assessment in four equal installments, which are due on October 1, January 1, March
				15, and June 15 of each year.
(b) If a
				due date for submission of an installment payment falls on a weekend or a holiday,
				the payment shall be due on the first business day following the payment due
				date.
(c) Facilities shall remit
				payments, payable to the Treasurer, State of New Jersey, using any of the following
				means:
1. By United States Postal Service regular
				mail, hand delivery, or overnight mail to the following address:
Ambulatory Care Facility Payment Unit
Accounting and Procurement
New Jersey Department of Health
55 North Willow Street, 6th Floor
PO Box 360
Trenton, NJ 08625-0360
Telephone: (609) 376-8530
2. Electronically through the Department's
				licensing portal webpage at
http://dohlicensing.nj.gov
.
i. Under "FAQs," select either "Create New
				Account" or, to sign into an existing account, "Sign in to your account."
ii. The direct link to the sign-in page is:
http://dohlicensing.nj.gov/SignIn?returnUrl=%2F
.
iii. Instructions to complete an electronic
				payment through the licensing portal webpage are available at:
http://dohlicensing.nj.gov/hfel-5Epayhelp
				.
3. Electronically
				through an Automated Clearing House (ACH) payment after execution and submission to
				the Department at the address indicated in the Authorizing Agreement for Automated
				Payments/Deposits form, available at:
http://dohlicensing.nj.gov/ACHform/
				.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31A - AMBULATORY CARE FACILITY ASSESSMENT › Subchapter 2 - ASSESSMENT › Section 8:31A-2.3 - Appeal of assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A covered facility may appeal an assessment
				issued by the Department under this subchapter.
(b) An appeal pursuant to this section shall be
				filed with the Commissioner, in writing, by regular or electronic mail, to:
Office of Legal and Regulatory Compliance
New Jersey Department of Health
PO Box 360
Trenton, New Jersey 08625-0360
Email: OLRC@nj.doh.gov
(c) An appeal under this section shall list the
				factual and legal bases for the covered facility's challenge of the assessment,
				including citation to applicable provisions of the ambulatory care facility
				assessment rules, and shall include all written documentation supporting each appeal
				issue.
(d) An appeal under this section
				shall be filed by the covered facility within 30 calendar days of issuance of the
				notice of assessment by the Department.
(e) The appellant shall provide any additional
				information that is requested by the Commissioner.
(f) Failure by the appellant to adhere to the time
				limits or substantive requirements listed in (a) through (e) above may result in
				dismissal of the appeal.
(g) The
				Commissioner shall issue the final determination regarding all appeals under this
				section in accordance with the Administrative Procedure Act,
				N.J.S.A. 52:14B-1 et seq.,
				and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(h) A final determination by the Commissioner
				regarding an assessment appeal under this section shall not preclude the Department
				from subsequently performing an audit of the covered facility's annual report
				pertaining to that assessment under
				N.J.A.C.
				8:31A-3.2, or from determining pursuant to such an
				audit that the covered facility had understated its gross receipts in its annual
				report to the Department for the fiscal year pertaining to the subject assessment or
				from retroactively increasing the covered facility's assessment for the subject
				fiscal year pursuant to the audit findings.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31A - AMBULATORY CARE FACILITY ASSESSMENT › Subchapter 3 - FINANCIAL REPORTING › Section 8:31A-3.1 - Annual report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each covered facility shall submit an annual
				report to the Department in hardcopy or on an electronic standardized Department
				form.
(b) The content and format of the
				annual report for covered facilities is available upon request to the Ambulatory
				Care Facility Assessment Unit at PO Box 358, Trenton, NJ 08625-0360, telephone (609)
				913-5791 and from the Department's forms page at
http://nj.gov/health/forms .
Instructions on how to submit the electronic standardized Department form may be
				found at
http://dohlicensing.nj.gov/helphfel5
				.
(c) The annual report shall be
				either certified or attested to by an accounting firm or by an officer of the
				covered facility.
(d) The annual report
				may include the charges, gross receipts and number of visits for which the covered
				facility provided reduced or no-fee care to patients based upon ability to pay and
				shall include the following:
1. Total volume of
				patient visits by payer type;
2. Charges
				by payer type; and
3. Gross receipts
				broken down by payer type into the following categories:
i. Medicare (fee-for-service and HMO);
ii. Medicaid (fee-for-service and HMO);
iii. Commercial (fee-for-service and
				HMO);
iv. Other government payer;
				and
v. Self-pay.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31A - AMBULATORY CARE FACILITY ASSESSMENT › Subchapter 3 - FINANCIAL REPORTING › Section 8:31A-3.2 - Audit of annual report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may audit selected covered
				facility annual reports to determine their accuracy.
(b) A staff member of each covered facility
				receiving an audit shall review the results of the audit with the auditor on-site
				and shall sign the audit where indicated to document receipt of the audit
				results.
(c) If the Department
				determines, upon audit pursuant to this section, that a covered facility understated
				its gross receipts in its annual report by more than a de minimis amount, the
				Department shall increase retroactively the covered facility's assessment for the
				fiscal year that was based on the defective report to the appropriate amount and the
				facility shall be liable for a penalty in the amount set forth at
				N.J.A.C.
				8:31A-4.1(c).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31A - AMBULATORY CARE FACILITY ASSESSMENT › Subchapter 4 - ENFORCEMENT › Section 8:31A-4.1 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A covered facility that fails to comply with
				8:31A-3.1 shall be
				liable for a civil penalty not to exceed $ 500.00 for each day in which the covered
				facility is not in compliance.
(b) A
				covered facility that is operating one or more ambulatory care services listed at
				N.J.A.C. 8:31A-1.1(b)
				 without a license from the Department shall be
				liable for double the amount of the assessment provided at
				N.J.A.C.
				8:31A-2.1, in addition to such other penalties as
				the Department may impose by law for operating an ambulatory care facility without a
				license.
(c) If the Department
				determines, upon audit pursuant to
				N.J.A.C.
				8:31A-3.2, that a covered facility understated its
				gross receipts in its annual report by more than a de minimis amount, the covered
				facility shall be liable for a penalty in the amount of the difference between the
				original and corrected assessments, which shall be in addition to the amount of the
				retroactive assessment difference that the Department imposes pursuant to
				N.J.A.C.
				8:31A-3.2(c).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31A - AMBULATORY CARE FACILITY ASSESSMENT › Subchapter 4 - ENFORCEMENT › Section 8:31A-4.2 - Procedures for enforcement and appeal

Current through Register Vol. 56, No. 14, July 15, 2024
The procedural rules governing enforcement actions and appeals
				  thereof under this subchapter may be found at
				  8:43E-3.2, Notice of violations and
				  enforcement actions, 8:43E-3.3, Effective date of enforcement actions, and
				  8:43E-3.5, Failure to pay a penalty; remedies.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 31B - HOSPITAL FINANCIAL REPORTING › Subchapter 1 - GENERAL PROVISIONS › Section 8:31B-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to satisfy the requirements of the
				  Health Care Facilities Planning Act,
				  N.J.S.A.
				  26:2H-1 through 26, and support the public policy
				  of the State that hospital and related health care services of the highest quality,
				  of demonstrated need, efficiently provided and properly utilized at a reasonable
				  cost, be available to inhabitants of the State.