reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 8 - MANDATORY OVERTIME › Section 8:43E-8.11 - Protection of the right to collective bargaining

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing in this subchapter shall be construed to impair or negate
				  any employer-employee collective bargaining agreement or any other employer/employee
				  contract in effect as of January 1, 2003 for licensed general hospitals and July 1,
				  2003 for all other facilities subject to these rules as set forth at
				  8:43E-8.1.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 8 - MANDATORY OVERTIME › Section 8:43E-8.12 - Data

Current through Register Vol. 56, No. 14, July 15, 2024
A facility shall submit data related to the effects of
				  prohibiting mandatory overtime in accordance with this chapter as well as data
				  required to determine whether chronic staffing shortages exist, as the State agency
				  which licenses the facility shall request from time to time directly from each
				  facility.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 10 - PATIENT OR RESIDENT SAFETY REQUIREMENTS AND REPORTABLE EVENTS › Section 8:43E-10.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this
				subchapter is as follows:
1. To implement the
				Patient Safety Act,
				26:2H-12.2 3 through 12.25, to increase
				the safety of patients and residents in health care facilities by reducing the
				frequency and severity of preventable adverse events; and
2. To assure the Department receives timely
				notification of various events in health care facilities that may significantly
				affect their ability to continue to deliver health care services and/or may pose a
				danger to the life or safety of patients or residents, employees, medical staff or
				the public.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 10 - PATIENT OR RESIDENT SAFETY REQUIREMENTS AND REPORTABLE EVENTS › Section 8:43E-10.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				shall apply to all health care facilities licensed pursuant to
				26:2H-1 et seq. and to State
				psychiatric hospitals operated by the Department of Human Services in accordance
				with the following:
1. For assisted living
				residences and comprehensive personal care homes licensed pursuant to N.J.A.C. 8:36,
				effective March 3, 2009;
2. For assisted
				living programs licensed pursuant to N.J.A.C. 8:36, effective March 3,
				2009;
3. For long-term care facilities
				licensed pursuant to N.J.A.C. 8:39, effective March 3, 2009;
i. With respect to the mandatory reporting
				requirements found in
				8:43E-10.6, Medicare and/or Medicaid
				nursing homes shall be deemed in compliance with N.J.A.C. 8:43E-10.6, provided they
				report in compliance with applicable Federal and State reporting statutes and
				regulations;
4. For home
				health care agencies licensed pursuant to N.J.A.C. 8:42, effective August 30,
				2008;
5. For hospice care providers
				licensed pursuant to N.J.A.C. 8:42C, effective August 30, 2008;
6. For residential health care facilities licensed
				pursuant to N.J.A.C. 8:43, effective March 3, 2009;
7. For ambulatory care facilities licensed
				pursuant to N.J.A.C. 8:43A, effective August 30, 2008;
8. For adult day health services facilities
				licensed pursuant to N.J.A.C. 8:43F and pediatric medical day care facilities
				licensed pursuant to N.J.A.C. 8:43J, effective March 3, 2009;
9. For general, special, and psychiatric hospitals
				licensed pursuant to N.J.A.C. 8:43G, effective March 3, 2008;
10. For rehabilitation hospitals licensed pursuant
				to N.J.A.C. 8:43H, effective March 3, 2008; and
11. With respect to the following facilities
				operated or licensed by the Department of Human Services:
i. For State psychiatric hospitals, effective
				August 30, 2008; and
ii. For residential
				and outpatient substance abuse treatment facilities licensed pursuant to
				26:2H-1 et seq., effective August 30,
				2008.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 10 - PATIENT OR RESIDENT SAFETY REQUIREMENTS AND REPORTABLE EVENTS › Section 8:43E-10.3 - 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:
"Adverse event" means an event that is a negative consequence of
				  care that results in unintended injury or illness, which may or may not have been
				  preventable.
"Allergic reaction" means an abnormal immune response to a
				  substance or allergen that does not normally cause a reaction and that results in a
				  broad range of inflammatory responses.
1. Allergies are caused by inherited sensitivity or sensitivity
				  acquired over time to a foreign substance.
2. Immediate reactions may be local, such as urticaria,
				  angioedema, or systemic, such as severe bronchial obstruction, vasodilation,
				  pulmonary edema, and shock.
1. A physical impairment is any physiological disorder or
				  condition, cosmetic disfigurement, or anatomical loss affecting one or more of the
				  following body systems: neurological, musculoskeletal, special sense organs,
				  respiratory (including speech organs), cardiovascular, reproductive, digestive,
				  genitourinary, hemic, lymphatic, skin, and endocrine.
2. A mental impairment is any mental or psychological disorder,
				  such as mental retardation, organic brain syndrome, emotional or mental illness, and
				  specific learning disabilities.
1. In the case of a State-operated psychiatric hospital, patient
				  or resident elopement shall be governed by the policies and procedures of the
				  Department of Human Services with respect to elopement.
1. "Pressure ulcer" does not include a skin ulcer that develops as
				  a result of an underlying vascular etiology, including arterial insufficiency,
				  venous insufficiency, and/ or venous hypertension; or that develops as a result of
				  an underlying neuropathy, such as a diabetic neuropathy.
1. As used in this subchapter, "surgery" includes a range of
				  dermatological procedures including biopsy, excision and deep cryotherapy for
				  malignant lesions to extensive multi-organ transplant.
2. Surgery begins at point of surgical incision, tissue puncture,
				  or insertion of an instrument into tissues, cavities or organs.
3. Surgery ends after the surgical incision has been closed and
				  operative devices, such as probes, have been removed and counts have concluded,
				  regardless of setting (recovery room or surgical suite.)
"Toxic substance" refers to a chemical that is present in
				  sufficient concentration to pose a hazard to human health.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 10 - PATIENT OR RESIDENT SAFETY REQUIREMENTS AND REPORTABLE EVENTS › Section 8:43E-10.4 - Patient or resident safety committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each facility shall
				establish a patient or resident safety committee, as applicable to the type of
				facility.
1. General hospitals shall establish a
				patient safety committee no later than June 1, 2008.
2. All other facilities shall establish a patient
				or resident safety committee no later than the effective date of this subchapter,
				applicable to the particular type of facility as set forth at
				8:43E-10.2(a).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 10 - PATIENT OR RESIDENT SAFETY REQUIREMENTS AND REPORTABLE EVENTS › Section 8:43E-10.5 - Patient or resident safety plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each facility shall
				develop, implement, and comply with a patient or resident safety plan that includes
				the following elements:
1. A process for facility
				staff to follow in reporting preventable adverse events and near-misses to the
				patient or resident safety committee.
i. The
				reporting system established by the facility shall be accessible to facility staff
				at all times the facility is operating;
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 10 - PATIENT OR RESIDENT SAFETY REQUIREMENTS AND REPORTABLE EVENTS › Section 8:43E-10.6 - Reporting of serious preventable adverse events

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A health care
				facility shall report to the Department or, in the case of a State psychiatric
				hospital, to the Department of Human Services, every serious preventable adverse
				event that occurs in the facility.
1. The
				Department shall deem Medicare and/or Medicaid nursing homes that are otherwise
				compliant with applicable Federal reporting statutes and regulations, as well as
				with 52:27G-7.1 and N.J.A.C. 8:39, to be in
				compliance with (a) above, and shall not require facilities deemed compliant to file
				reports in accordance with this section.
2. Adult and pediatric day health care services
				facilities and facilities that provide home-based services, that is, home health
				care facilities, hospice facilities, assisted living residences, comprehensive
				personal care homes, and assisted living programs, shall report only those serious
				preventable adverse events that are within the control of the facility or directly
				caused by, or related to, services of the facility.
i. With respect to serious preventable adverse
				events related to health care services provided directly to residents of an assisted
				living residence, comprehensive personal care home or assisted living program by
				another health care facility, the facility directly providing the service shall
				report the event to the Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 10 - PATIENT OR RESIDENT SAFETY REQUIREMENTS AND REPORTABLE EVENTS › Section 8:43E-10.7 - Disclosure to patient or resident

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A health care
				facility shall ensure that a patient or resident or, in the case of a minor or
				incompetent adult, the patient's or resident's personal representative, guardian,
				parent, or other family member, as appropriate, and provided disclosure is
				permissible under applicable confidentiality law, is informed of the following:
1. Any serious preventable adverse event that
				affected the patient or resident; and
2.
				Any adverse event resulting from an allergic reaction that was not previously
				documented in the patient's or resident's medical history.
i. In the case of an allergic reaction, a facility
				shall arrange that the patient or resident be informed of other circumstances, if
				known, in which the same allergic reaction might occur, and of known preventive
				measures, if any, and shall arrange that the patient or resident be advised to
				inform any health care professionals providing future care of the allergic
				reaction.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 10 - PATIENT OR RESIDENT SAFETY REQUIREMENTS AND REPORTABLE EVENTS › Section 8:43E-10.8 - Voluntary, anonymous reporting system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Employees and health
				care professionals practicing at a health care facility may submit an anonymous
				report to the Department or, in the case of a State psychiatric hospital, the
				Department of Human Services, regarding preventable adverse events that are
				otherwise not subject to mandatory reporting, as well as near-misses.
(b) The facility shall inform employees and health
				care professionals practicing at the facility of their option to file such anonymous
				reports of preventable adverse events not subject to mandatory reporting or of
				near-misses.
1. The facility shall make this
				information available through patient or resident safety training programs and by
				prominently posting it in locations accessible to employees and health care
				professionals.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 10 - PATIENT OR RESIDENT SAFETY REQUIREMENTS AND REPORTABLE EVENTS › Section 8:43E-10.9 - Confidentiality protections and restrictions on disclosure and use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Documents,
				materials, and information received by the Department or the Department of Human
				Services, as applicable, in accordance with
				8:43E-10.6 and 10.8 shall not be:
1. Subject to discovery or admissible as evidence,
				or otherwise disclosed in any civil, criminal or administrative action or
				proceeding;
2. Considered a public
				record under P.L. 1963, c. 73 (47:1A-1 et seq.), or
				P.L.
				2001, c. 404 (47:1A-5 et seq.); or
3. Used in an adverse employment action or in the
				evaluation of decisions made in relation to accreditation, certification,
				credentialing, or licensing of an individual, which is based on the individual's
				participation in the development, collection, reporting or storage of information in
				accordance with P.L. 2004, c.
				9 (26:2H-12.2 3 through
				12.25).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 10 - PATIENT OR RESIDENT SAFETY REQUIREMENTS AND REPORTABLE EVENTS › Section 8:43E-10.10 - Interagency sharing and use of confidential information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Information received
				by the Department or the Department of Human Services, as applicable, shall be
				shared with the Attorney General, who may use the information in accordance with
				26:2H-12.2 3 through 12.25.
(b) Information derived from confidential
				reporting that is used for oversight of health care professionals shall be
				maintained as confidential and shall not be subject to discovery, admissible as
				evidence, or otherwise disclosed in any civil, criminal or administrative action or
				proceeding, and shall not be considered a public record under P.L. 1963, c. 73
				(47:1A-1 et seq.) or
				P.L.
				2001, c. 404 (47:1A-5 et seq.)
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 10 - PATIENT OR RESIDENT SAFETY REQUIREMENTS AND REPORTABLE EVENTS › Section 8:43E-10.11 - Other reporting requirements unrelated to the Patient Safety Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A health care
				facility shall immediately report to the appropriate police authorities all criminal
				acts or potentially criminal acts that occur within a facility and pose a danger to
				the life or safety of patients or residents, employees, medical staff or members of
				the public present in the facility.
1. "Acts
				occurring within a facility" means, in the case of a home-based service, that is,
				services provided by home health care facilities, hospice facilities, assisted
				living residences, comprehensive personal care homes, and assisted living programs,
				acts related to events within the control of the facility or directly caused by or
				related to services of the facility.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 10 - PATIENT OR RESIDENT SAFETY REQUIREMENTS AND REPORTABLE EVENTS › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
REPORT OF SERIOUS PREVENTABLE ADVERSE EVENT
IN A NEW JERSEY LICENSED HEALTH CARE FACILITY
Data in
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Data in
				  image
Data in
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New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 10 - PATIENT OR RESIDENT SAFETY REQUIREMENTS AND REPORTABLE EVENTS › Appendix B

Current through Register Vol. 56, No. 14, July 15, 2024
REPORT OF SERIOUS PREVENTABLE ADVERSE EVENT
IN A NEW JERSEY LICENSED HEALTH CARE FACILITY:
ROOT CAUSE ANALYSIS (RCA)
Data in
				  image
Data in
				  image
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 11 - VIOLENCE PREVENTION IN HEALTH CARE FACILITIES › Section 8:43E-11.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of
				this subchapter apply to general hospitals, special hospitals, county and private
				psychiatric hospitals and nursing homes licensed by the Department of Health and
				Senior Services pursuant to P.L. 1971, c. 136 (26:2H-1
				et seq.).
(b) The purpose of this
				subchapter is to establish violence prevention programs in each of the covered
				health care facilities in order to protect health care workers from violence; to
				minimize insurance claims, lost productivity, disruptions to operations, legal
				expenses and property damage; to maintain a safe and therapeutic environment for
				patients and residents; and to retain health care professionals.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 11 - VIOLENCE PREVENTION IN HEALTH CARE FACILITIES › Section 8:43E-11.2 - 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.
"Covered health care facility" or "facility" means a general
				  hospital, special hospital, county or private psychiatric hospital or nursing home
				  licensed by the Department of Health and Senior Services pursuant to P.L. 1971, c.
				  136 (26:2H-1 et seq.).
"Credible verbal threat of assault or harm" means a knowing and
				  willful statement that is corroborated by independent evidence, which would cause a
				  reasonable person to believe that he or she is under imminent threat of death or
				  serious bodily injury, and which actually causes a person to believe that he or she
				  is under imminent threat of death or serious bodily injury.
"De-identified" means information that does not specifically
				  identify the individual or individuals involved, either by name or other
				  pre-assigned identification number, and that makes a reasonable effort to prevent
				  the individual or individuals involved from being identified from such
				  information.
"Direct patient or resident contact" means hands-on or
				  face-to-face contact with patients or residents.
"Health care worker" means an individual who is directly employed
				  by a covered health care facility.
"Incident investigation" means an in-depth analysis of a violent
				  act that is designed to identify both direct and underlying causes of the act, in
				  order to develop corrective actions that could reduce the potential for similar
				  violent acts in the future.
"In-house crisis response team" means a crisis response team
				  on-site at a facility 24 hours-a-day, seven days a week, or immediately available
				  from an outside contractor.
"Job task analysis" means an evaluation conducted by the facility
				  in collaboration with and for each health care worker to determine job or
				  task-specific hazards or risk factors that may contribute to a health care worker's
				  vulnerability to a violent act.
"OSHA" means the Occupational Safety and Health Administration of
				  the United States Department of Labor.
"Violence," "violent act" or "incident" means any physical assault
				  or any physical or credible verbal threat of assault or harm that is committed
				  against a health care worker.
"Zero-tolerance policy" means a policy stating that a violent act
				  will not be tolerated and that, in every case, management will ensure reporting,
				  response and follow-up as specified in this subchapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 11 - VIOLENCE PREVENTION IN HEALTH CARE FACILITIES › Section 8:43E-11.3 - Establishment of a violence prevention program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided
				in 8:43E-11.6, by December 6, 2011, a
				covered health care facility shall establish a violence prevention program that
				complies with the requirements of this subchapter for the purpose of protecting
				health care workers.
(b) A covered
				facility shall allow health care workers including, but not limited to, union
				representatives, supervisors and managers, to participate in the establishment and
				evaluation of the violence prevention program through means developed by the
				violence prevention committee.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 11 - VIOLENCE PREVENTION IN HEALTH CARE FACILITIES › Section 8:43E-11.4 - Violence prevention committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A covered health
				care facility shall establish a violence prevention committee, which shall meet at
				least quarterly, or more frequently as needed.
(b) The violence prevention committee shall
				include a representative of facility administration who shall be responsible for
				overseeing all aspects of the program.
(c) The violence prevention committee shall select
				a chairperson from among its members.
(d) The violence prevention committee shall be
				comprised of members as follows:
1. At least 50
				percent of the committee members shall be health care workers who engage in direct
				patient contact or otherwise have contact with patients or residents;
2. The remaining committee members shall have
				experience, expertise or responsibility relevant to violence prevention;
				and
3. In a facility or health care
				system where health care workers are represented by one or more collective
				bargaining agents, the administration of the facility or system shall consult with
				the applicable collective bargaining agents regarding the selection of the health
				care worker committee members.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 11 - VIOLENCE PREVENTION IN HEALTH CARE FACILITIES › Section 8:43E-11.5 - System-level programs and committees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a health care
				system owns or operates more than one covered health care facility, the violence
				prevention program and committee may be operated at the system level, provided that:
1. Committee membership shall include at least one
				health care worker from each facility that provides direct care to patients or
				residents;
2. The committee shall
				develop a violence prevention plan for each covered health care facility;
				and
3. Data related to violence
				prevention shall remain distinctly identifiable for each covered health care
				facility.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 11 - VIOLENCE PREVENTION IN HEALTH CARE FACILITIES › Section 8:43E-11.6 - Written violence prevention plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By March 6, 2012,
				the violence prevention committee shall develop and maintain a detailed, written
				violence prevention plan that identifies workplace risks and provides specific
				methods to address them.
(b) The plan
				shall, at a minimum, describe the following:
1. The
				establishment of a violence prevention committee;
2. Violence prevention policies;
3. The recordkeeping process;
4. Incident reporting, investigation and
				evaluation methods;
5. Follow-up medical
				and psychological care, which may include support groups, family crisis intervention
				and professional referrals; and
6. How
				employees shall access a covered facility's post-incident response system.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 11 - VIOLENCE PREVENTION IN HEALTH CARE FACILITIES › Section 8:43E-11.7 - Completion of a violence risk assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The violence
				prevention committee or a subcommittee with facility representation (in the case of
				a system-level committee) shall conduct an annual violence risk assessment, for each
				covered facility, that shall consider OSHA's 2004 Guidelines for Preventing
				Workplace Violence for Health Care & Social Service Workers (OSHA 3148-2004),
				which are incorporated herein by reference, as amended and supplemented, and
				available at
http://www.OSHA.gov
.
1. The facility shall conduct a job task analysis
				in collaboration with and for each health care worker that shall be used by the
				violence prevention committee to identify improved security procedures and controls
				based on potential risk factors for violent incidents.
i. Such risk factors shall include, as applicable,
				working with unstable or volatile persons (for example, those under the influence of
				drugs or alcohol, in acute psychiatric distress, having a history of violence and/or
				having criminal backgrounds); prevalence of weapons on site among patients, family
				and visitors; the increasing presence of gang members; overcrowding and long waits
				for service that lead to client frustration, especially in emergency and clinical
				areas; isolated and/or solo work with patients and/or residents during examinations
				or treatment; lack of staff training; and the impact of staffing, including security
				personnel.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 11 - VIOLENCE PREVENTION IN HEALTH CARE FACILITIES › Section 8:43E-11.8 - Implementation of methods to reduce identified risks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The covered facility
				shall implement prevention and control measures to counteract the risk factors
				identified by the violence risk assessment required by
				8:43E-11.7.
(b) The prevention and control measures shall
				include, at a minimum, the following:
1. Lighting
				indoors and in parking lots;
2. The
				installation, as necessary, and maintenance of items including, alarm systems,
				closed circuit TVs, metal detection systems, cell phones, personal alarm devices,
				codes, drop phones, panic alarms and audio surveillance systems;
3. Assigning and training appropriate personnel to
				respond to each alarm system in use at a facility;
4. The training and posting of security personnel
				in emergency departments, psychiatric wards and in other locations, as needed;
				and
5. Controlled access, as needed, to
				staff offices and employee work areas, especially secluded work areas.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 11 - VIOLENCE PREVENTION IN HEALTH CARE FACILITIES › Section 8:43E-11.9 - Copies of the violence prevention plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A covered facility
				shall make a copy of the violence prevention plan available upon request, to the
				Office of Certificate of Need and Health Care Facility Licensure in the Department
				of Health and Senior Services.
(b) A
				covered facility shall make a copy of the violence prevention plan available within
				two business days of the request, to any health care worker or collective bargaining
				agent who represents health care workers at the facility.
(c) If a language other than English is the
				exclusive language spoken by at least 10 percent of a covered health care facility's
				health care workers, the facility shall translate the workplace violence prevention
				plan into that language and make it available to those workers.
(d) In the event that the violence prevention
				committee determines, in accordance with
				8:43E-11.4(e)5, that
				the plan contains information that would pose a threat to security if made public,
				the facility shall exclude any such information before providing copies to workers
				or collective bargaining agents.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 11 - VIOLENCE PREVENTION IN HEALTH CARE FACILITIES › Section 8:43E-11.10 - Violence prevention training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The violence
				prevention committee of a covered health care facility shall designate a coordinator
				or team to arrange for violence prevention training.
(b) Within three months after a violence
				prevention plan has been developed, a covered facility shall conduct initial
				violence prevention training and annual training, thereafter, for all health care
				workers, including supervisors, managers and security staff, regardless of their
				level of risk.
(c) Training shall be at
				least two hours in duration and shall be held during paid work time.
(d) The training methods shall include, but not be
				limited to, at least two of the following: handouts, presentations, discussion, role
				playing and DVD or computer-based training activities.
(e) A covered facility shall provide interim
				training for individuals designated in (b) above who begin work between annual
				training sessions.
(f) The training
				shall be conducted in easily understandable terminology.
1. If a language other than English is the
				exclusive language spoken by at least 10 percent of a covered facility's health care
				workers, the training also shall be conducted in that language and handouts shall be
				made available in that language.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 11 - VIOLENCE PREVENTION IN HEALTH CARE FACILITIES › Section 8:43E-11.11 - Incident response, investigation and reporting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A covered facility
				shall respond to violent acts, conduct incident investigations and prepare incident
				investigation reports in keeping with procedures specified by the violence
				prevention committee.
1. The procedures shall be in
				writing, easily understood by all employees and take into account issues of
				confidentiality, as determined by the violence prevention committee.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 11 - VIOLENCE PREVENTION IN HEALTH CARE FACILITIES › Section 8:43E-11.12 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A covered facility
				shall keep a record of all violent acts that occur in the facility to help select
				the appropriate controls to prevent the recurrence of workplace violence and to
				determine required training.
(b) A
				covered facility shall maintain, for at least five years after the reported act, all
				incident investigation reports required by
				8:43E-11.11(a)  and any
				record of a violent act contained in any of the following documents:
1. NJOSH 300, copies of which can be found at
http://lwd.dol.state.nj.us/labor/forms_pdfs/Isse/NJOSH300.pdf
;
2. The OSHA Log of Work-Related Injuries and
				Illnesses (OSHA Form 300, which can be found at
http://osha.gov/recordkeeping/RKforms.html
)
				required by 29 CFR Part 1904;
3. Staff
				termination records;
4. Union grievances
				and complaints;
5. Workers' compensation
				records;
6. Insurance records;
7. Medical records;
8. Police reports;
9. Accident investigation reports;
10. Minutes of safety meetings;
11. Training records; and
12. Employee questionnaires.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 11 - VIOLENCE PREVENTION IN HEALTH CARE FACILITIES › Section 8:43E-11.13 - Post-incident response

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The covered facility
				shall ensure that prompt and appropriate medical care is provided to health care
				workers injured during an incident.
(b)
				The covered facility shall establish a post-incident response system.
1. The covered facility shall provide, at a
				minimum, an in-house crisis response team for employee-victims and their co-workers,
				and individual and group crisis counseling, which may include support groups, family
				crisis intervention and professional referrals as indicated in the violence
				prevention plan.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 11 - VIOLENCE PREVENTION IN HEALTH CARE FACILITIES › Section 8:43E-11.14 - Prohibition of retaliatory action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As used in this
				section, "retaliatory action" means the discharge, suspension or demotion of an
				employee, or other adverse employment action taken against an employee in the terms
				and conditions of employment, in accordance with section 2 of P.L. 1986, c. 105
				(34:19-2 ).
(b) A covered facility shall not take any
				retaliatory action against any health care worker for reporting violent incidents.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 11 - VIOLENCE PREVENTION IN HEALTH CARE FACILITIES › Section 8:43E-11.15 - Enforcement and penalties

Current through Register Vol. 56, No. 14, July 15, 2024
A covered facility licensed pursuant to
				  26:2H-1 et seq. that is in violation of
				  the provisions of this subchapter shall be subject to enforcement actions and
				  penalties specified in N.J.A.C. 8:43E-3.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 12 - SAFE PATIENT HANDLING › Section 8:43E-12.1 - Authority, scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of
				this subchapter apply to health care workers whose job duties entail patient
				handling and who are employed by general hospitals, special hospitals, county and
				private psychiatric hospitals and nursing homes licensed by the Department of Health
				and Senior Services pursuant to P.L. 1971, c. 136 (26:2H-1
				et seq.).
(b) The purpose of this
				subchapter is to minimize unassisted patient handling in order to decrease the
				number of job-related musculoskeletal injuries and disorders suffered by health care
				workers; to minimize health care worker days away from work and workers'
				compensation costs due to job-related musculoskeletal injuries and disorders; to
				diminish the role that job-related musculoskeletal injuries and disorders play in
				exacerbating the loss of health care providers in New Jersey; and to improve the
				comfort, dignity, satisfaction and quality of care for patients.
(c) Nothing in this subchapter shall be construed
				to limit the right of a patient to refuse the use of assisted patient handling.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 12 - SAFE PATIENT HANDLING › Section 8:43E-12.3 - Safe patient handling committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By December 6, 2011,
				each covered health care facility shall establish a safe patient handling committee.
1. The committee shall meet as needed, but no less
				than quarterly.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 12 - SAFE PATIENT HANDLING › Section 8:43E-12.4 - Establishment of the safe patient handling program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A covered health
				care facility shall establish a safe patient handling program to reduce the risk of
				injury to both patients and health care workers in the facility.
(b) The covered facility shall designate a
				representative of administration who shall be responsible for overseeing all aspects
				of the safe patient handling program.
(c) The representative shall ensure that the
				covered facility supports the program by providing assistance that includes:
1. Recognizing problems related to patient
				handling;
2. Developing clear
				goals;
3. Assigning responsibilities to
				designated staff members;
4. Allocating
				fiscal resources for planning and training;
5. Allocating fiscal resources for the purchase,
				implementation and maintenance of the required equipment in the time allowed;
				and
6. Ensuring follow-up and revisions
				to the plan.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 12 - SAFE PATIENT HANDLING › Section 8:43E-12.5 - Written description of the program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A covered facility
				shall maintain a detailed written description of the program and its
				components.
(b) A covered facility shall
				make a copy of the written description of the program available upon request, to the
				Office of Certificate of Need and Health Care Facility Licensure in the Department
				of Health and Senior Services.
(c) A
				covered facility shall make the written description available within two business
				days after a request by a health care worker or collective bargaining agent who
				represents health care workers at the facility.
(d) If a language other than English is the
				exclusive language spoken by at least 10 percent of a covered facility's healthcare
				workers, the covered facility shall translate the description of the safe patient
				handling program into that language and make it available to those workers.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 12 - SAFE PATIENT HANDLING › Section 8:43E-12.6 - Safe patient handling policy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The covered
				facility, under the direction of the safe patient handling committee, shall
				establish a written safe patient handling policy for all units and for all
				shifts.
(b) The content of the safe
				patient handling policy shall include, at a minimum, the following:
1. A requirement that an assessment of a patient's
				need for assisted patient handling shall be performed for each patient;
2. A requirement that assisted patient handling
				shall be used for patient handling tasks, except when not required based on an
				assessment of a patient's need for assisted patient handling or in the case of a
				medical emergency, during which a patient's life would be threatened if the required
				safe patient handling equipment were not immediately available;
3. A statement that patients shall have the right
				to refuse the use of assisted patient handling; and
4. A commitment that all elements of the policy
				shall be consistent with patient and health care worker safety and
				well-being.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 12 - SAFE PATIENT HANDLING › Section 8:43E-12.7 - Assessments of patient need for assisted patient handling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The safe patient
				handling committee shall:
1. Establish a uniform
				system of protocols and procedures to be used consistently throughout the facility
				for conducting patient assessments, which shall include, at a minimum, the
				following:
i. Identification of who shall be
				responsible for conducting patient assessments;
ii. Methods to be used to determine strength,
				physical ability and cognitive ability; preferences; and any special circumstances
				likely to affect transfer or repositioning tasks; and
iii. Determination of when to perform patient
				assessments including, at a minimum, at the time of initial admission and whenever
				there is a change in any of the factors that determine a patient's dependency
				level;
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 12 - SAFE PATIENT HANDLING › Section 8:43E-12.8 - Needs assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The covered
				facility, under the direction of the safe patient handling committee, shall conduct
				a needs assessment for each unit or department within the facility every three
				years, or sooner if needed, to determine the type and quantity of assisted patient
				handling equipment required and, if necessary, to prioritize the need for equipment
				among the units or areas within the covered facility based on the needs
				assessments.
(b) The needs assessment
				for each unit or department shall focus on, at a minimum, the following:
1. Typical patient type and care needs on each
				unit;
2. The categories of staff and
				types of patients to whom injuries are occurring;
3. When and where injuries are occurring
				(department, unit, date, time and shift);
4. The number and leading types of musculoskeletal
				injuries and disorders among healthcare workers;
5. Types of tasks that caused injury (or are
				difficult or painful to perform) including, at a minimum, lifting, repositioning and
				transferring patients;
6. Specific
				equipment associated with employee or patient injuries;
7. Available patient handling equipment and any
				problems associated with its use;
8.
				Potential problems with new equipment and assurance of access, storage and
				maintenance;
9. Facility costs
				associated with unassisted and assisted patient handling injuries including, at a
				minimum, medical and workers' compensation costs; and
10. Indirect impact of injuries on staff turnover
				and replacement.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 12 - SAFE PATIENT HANDLING › Section 8:43E-12.9 - Implementation plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The safe patient
				handling committee shall draft an implementation plan, which shall be approved by
				the covered facility's governing body.
(b) The implementation plan shall address topics
				including, at a minimum, the following:
1. How to
				phase in the safe patient handling program;
2. Communication and enforcement of the mandate
				that no person shall use patient handling equipment prior to completing the training
				required by 8:43E-12.12; and
3. Availability of an adequate number and variety
				of assisted patient handling equipment on each patient care unit as determined by
				the safe patient handling committee.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 12 - SAFE PATIENT HANDLING › Section 8:43E-12.10 - Financial plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The safe patient
				handling committee shall recommend a financial plan for the program, which shall
				include, at a minimum, the following:
1. A
				recommended annual budget for the safe patient handling program; and
2. A recommendation for a three-year plan, which
				takes into account the financial constraints of the facility to purchase the safe
				patient handling equipment necessary to carry out the safe patient handling policy.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 12 - SAFE PATIENT HANDLING › Section 8:43E-12.11 - Equipment selection, usage and maintenance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The safe patient
				handling committee shall:
1. Recommend equipment
				selection;
2. Promote and monitor the
				use and maintenance of the selected equipment;
3. Ensure that healthcare workers and other
				employees who may handle safe patient handling equipment shall have the opportunity
				to participate in the selection of equipment by trying out equipment from vendors
				that allow evaluation prior to purchase.
i. The
				evaluations of healthcare workers and employees shall be factored into purchasing
				decisions before the facility determines which equipment to purchase;
4. Establish an evaluation process to
				determine whether selected assisted patient handling equipment is appropriate for
				the task to be accomplished, comfortable for the patient and safe and stable for
				both patient and caregiver;
5. Develop a
				plan to ensure that equipment users have prompt access to and availability of
				assisted patient handling equipment; and
6. Develop and implement procedures to ensure that
				all patient handling equipment shall be used, cleaned, maintained and stored in a
				safe manner that complies with manufacturer recommendations.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 12 - SAFE PATIENT HANDLING › Section 8:43E-12.12 - Training program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A covered facility,
				under the direction of the safe patient handling committee, shall:
1. Ensure that the training required by this
				section shall be based on researched and proven approaches for performing safe
				patient handling;
2. Ensure that the
				patient handling training for a health care worker required by this section is
				conducted prior to any use of the safe patient handling equipment by the healthcare
				worker, and at least annually thereafter;
3. Provide that training shall be at least two
				hours in duration and shall be held during paid work time;
4. Provide appropriate interim training for health
				care workers beginning work between annual training sessions; and
5. Provide refresher training, as
				needed.