New Jersey Administrative Code › Title 8 - HEALTH › Chapter 37 - LICENSING STANDARDS FOR DEMENTIA CARE HOMES › Subchapter 1 - GENERAL PROVISIONS › Section 8:37-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words
				and terms are defined in the Dementia Care Home Act at
				P.L.
				2015, c. 125,
				§17
				(N.J.S.A.
				26:25-148) and are used in this chapter as defined
				in the Act:
"Alzheimer's disease and related disorders";
"Commissioner";
"Department";
"Dementia"; and
"Dementia care home."
(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 Dementia Care Home Act,
				  N.J.S.A.
				  26:2H-148 et seq.,
				  P.L.
				  2023, c. 125, which is
				  legislation that was enacted on November 9, 2015, that provides for the licensure of
				  dementia care homes by the Department.
"Activities of daily living (ADL)" means the functions or tasks
				  for self-care, which are performed either independently or with supervision or
				  assistance. Activities of daily living include dressing, bathing, toilet use,
				  transfer, locomotion, bed mobility, and eating.
"Administrator" means an individual designated by the licensee who
				  is responsible for the overall day-to-day operations of the dementia care
				  home.
"Advanced practice nurse" means an individual who is certified by
				  the New Jersey State Board of Nursing in accordance with
				  N.J.S.A.
				  45:11-23 et seq.
"Assistance with transfer" means providing the physical assistance
				  of no more than two facility staff while the resident moves between bed and a
				  standing position or between bed, chair, or wheelchair.
"Certificate of Need and Healthcare Facility Licensure Program"
				  means the health care facility licensing unit within the Division of Certificate of
				  Need and Licensing of the Health Systems Branch of the Department, for which the
				  contact information is Certificate of Need and Healthcare Facility Licensure
				  Program, Division of Certificate of Need and Licensing, Department of Health, PO Box
				  358, Trenton, NJ 08625-0358, (609) 292-5960, facsimile number (609) 826-3745, and
				  website address for forms
www.nj.gov/health/forms
.
"Cohorting" means the practice of grouping patients who are or are
				  not colonized or infected with the same organism to confine their care to one area
				  and prevent contact with other patients.
"Facility" means a dementia care home licensed pursuant to this
				  chapter.
"Fuel-burning appliance" means a device or apparatus that is
				  designed to utilize natural gas, manufactured gas, mixed gas, liquefied petroleum
				  products, solid fuel, oil, or any gas as a fuel for heating, cooling, hot water,
				  cooking, generating light, or power or for aesthetics.
"Garbage" means organic waste resulting from the preparation and
				  consumption of food.
"Habitable room" means a residential room or space in which the
				  ordinary functions of domestic life are carried on, including bedrooms, living
				  rooms, studies, recreation rooms, kitchens, dining rooms, and other similar spaces,
				  but excluding closets, halls, stairways, laundry rooms, toilet rooms, and
				  bathrooms.
"Health care practitioner" means a physician, advanced practice
				  nurse, or physician assistant.
"Health care professional" means an individual licensed by this
				  State to administer health care in the ordinary course of business or practice of a
				  profession.
"Health care service" means as defined at
				  N.J.S.A.
				  26:2H-2.b.
"Licensee" means the individual or entity to whom a license to
				  operate a dementia care home is issued.
"Medication administration" means a procedure in which a
				  prescribed medication or biological is given to a resident by an authorized
				  individual in accordance with all laws and regulations governing such procedures.
				  The complete process of administration includes:
1. Removing an individual dose from a previously
				dispensed, properly labeled container (including a unit dose or unit-of-use
				container);
2. Verifying it with the
				prescriber's orders;
3. Giving the
				individual dose to the resident;
4.
				Seeing that the resident takes it (if oral); and
5. Recording the required information, including,
				but not limited to, the method of administration, time administered, initials of
				individuals who administered the medication, and effect of the medication when "prn"
				or as-needed medications are administered.
"Medication aide" means a person who is qualified to administer
				  medication in accordance with
				  N.J.A.C.
				  8:36-9.2.
"NFPA" means the National Fire Protection Association.
"Office of Certificate of Need and Healthcare Facility Licensure"
				  means the health care facility licensing unit within the Division of Certificate of
				  Need and Licensing of the Health Systems Branch of the Department, for which the
				  contact information is Office of Certificate of Need and Healthcare Facility
				  Licensure, Division of Certificate of Need and Licensing, Department of Health, PO
				  Box 358, Trenton, NJ 08625-0358, (609) 292-5960, facsimile number (609) 826-3745,
				  and website address for forms
www.nj.gov/health/forms
.
"Physician" means an individual who is licensed or authorized by
				  the New Jersey State Board of Medical Examiners to practice medicine in the State of
				  New Jersey, in accordance with
				  N.J.S.A.
				  45:9-1 et seq., and N.J.A.C. 13:35.
"Physician assistant" means an individual who is licensed by the
				  New Jersey State Board of Medical Examiners, pursuant to
				  N.J.S.A.
				  45:9-27.10 et seq.
"Religious and recreational activities" includes any religious,
				  social, or recreational activity that is consistent with the resident's preferences
				  and choosing, regardless of whether the activity is coordinated, offered, provided,
				  or sponsored by facility staff or by an outside activities provider.
"Resident" means a person with Alzheimer's disease or other forms
				  of dementia who is: 18 years of age or older; ambulant with or without assistive
				  devices; certified by a licensed physician to be free from communicable disease and
				  not in need of skilled nursing care 24 hours a day, seven days a week; and, except
				  in the case of a person 65 years of age or over, in need of dietary services,
				  supervision of self-administration of medications, supervision of and assistance in
				  activities of daily living, or assistance in obtaining health care services.
"Responsible person" means a person who has been designated as a
				  resident's healthcare representative, attorney-in-fact, guardian, or other legal
				  representative for purposes of making healthcare decisions on behalf of the
				  resident.
"Skilled nursing care" means nursing care ordered by a physician
				  and given or supervised by a registered professional nurse, but does not include the
				  administration of medications.
"Social isolation" means a state of isolation wherein a resident
				  of a long-term care facility is unable to engage in social interactions and
				  religious and recreational activities with other facility residents or with family
				  members, friends, and external support systems.
"Supervision of self-administration of medication" means a
				  procedure in which an individual designated by the dementia care home provides a
				  prescribed medication or biological in its properly labeled container to a resident
				  for the resident to administer the medication or biological to himself or herself.
				  The complete process of administration includes:
1. Obtaining the resident's properly labeled
				container of prescribed medication or biological from the location in the dementia
				care home where medications are stored;
2. Reading aloud the label and dosing requirements
				listed on the container in the presence of the resident;
3. Handing the container of medication or biologic
				to the resident;
4. Observing the
				resident remove the proper dose of medication and administer the dose to himself or
				herself;
5. Returning the medication
				container to the proper storage area; and6. Making a record in the resident's file
				of the name of the medication taken, dosage amount, and time of
				administration.