reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 10 - LIFE SAFETY › Section 10:47-10.2 - Sanitation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All buildings
				and facilities shall meet all State and local health requirements.
(b) There shall be a sufficient supply of hot
				and cold water at all times, which shall be provided in accordance with
				8:43-15.6 and N.J.A.C.
				8:24.
(c) The facility shall
				provide for the collection, storage and disposal of solid, recyclable, and
				regulated medical, as well as toxic and hazardous waste materials, in
				accordance with N.J.A.C. 7:26.
1. A
				sufficient number of containers to hold all garbage and rubbish containing food
				waste shall be provided.
2. All
				waste water shall be discharged into a municipal or public sanitary sewage
				system, when such system is available.
i. If
				a private sewage system is necessary, the type, size, location, construction,
				and major repairs or alterations shall be approved by the State or local health
				jurisdiction.
3.
				Regulated medical waste must be transported and disposed of in accordance with
				N.J.A.C. 7:26-3A.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 10 - LIFE SAFETY › Section 10:47-10.3 - Transportation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each vehicle
				used under the auspices of the facility in transporting individuals shall be
				properly registered, inspected, and insured in accordance with New Jersey State
				motor vehicles laws and rules.
1. The
				licensee shall maintain or document valid liability insurance on all vehicles
				used to transport individuals.
2.
				The interior of each vehicle shall be maintained in a clean, safe condition and
				shall be free of obstacles obstructing clear passage to operable
				doors.
3. All items maintained in
				the vehicle, including, but not limited to, first aid kits, fire extinguishers
				and snow tires shall be securely fastened at all times.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 2 - LICENSURE › Section 10:47-2.1 - Admissions to private facilities

Current through Register Vol. 56, No. 14, July 15, 2024
No private facility for persons with developmental
				  disabilities shall accept individuals until the facility has obtained a license
				  issued by the Department. The facility shall not exceed its licensed
				  capacity.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 2 - LICENSURE › Section 10:47-2.2 - Surveys of facilities

Current through Register Vol. 56, No. 14, July 15, 2024
Survey visits may be made to a facility at any time by
				  authorized staff of the Department of Human Services. Such visits may include,
				  but not be limited to, the review of all facility documents, individuals'
				  records and conferences with individuals and staff.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 2 - LICENSURE › Section 10:47-2.3 - License

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A temporary
				license may be issued to a facility for a period of six months and may be
				renewed as determined by the Department, based upon the achievement of a
				substantial degree of compliance with this chapter.
(b) A full license may be issued by the
				Department, based upon compliance with this chapter.
(c) Any license shall be conspicuously posted
				in the facility.
(d) Pursuant to
				26:2H-13.1 et seq., the Department
				may take action against a facility's license, or may impose civil monetary
				penalties on the facility in accordance with N.J.A.C. 8:43E-3.
(e) The facility may appeal the imposition of
				such action and/or such penalties in accordance with N.J.A.C. 10:6-1.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADMINISTRATION › Section 10:47-3.1 - Management and organizational standards

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall have available a copy of this chapter
				  (N.J.A.C. 10:47) and other State and Federal regulations relevant to the
				  function of the facility. This includes copies of all regulations cited within
				  this chapter.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADMINISTRATION › Section 10:47-3.2 - Inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall allow the licensing agency or its representatives to inspect all aspects
				of a program's operations and to interview any staff member of, or any
				individual in the care of, the facility.
1. A
				facility shall make all information related to assessment of compliance with
				these requirements available to the licensing agency or its representative.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADMINISTRATION › Section 10:47-3.3 - Waivers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall be in compliance with all applicable provisions of Federal, State and
				local or municipal laws, regulations and codes unless a waiver for specific
				requirement(s) has been granted through a prior written agreement with the
				licensing agency. This agreement shall specify the particular requirement(s) to
				be waived, the duration of the waiver, and the terms under which the waiver is
				granted.
1. Waiver of requirements may be
				granted providing that such a waiver would present no danger to the health,
				safety, welfare, or rights of the individual and when strict enforcement of a
				requirement would place an undue burden upon the facility.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADMINISTRATION › Section 10:47-3.4 - Mission statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall have a written mission statement specifying its philosophy, purposes, and
				program orientation, and describing both short and long-term goals. The
				statement should identify the types of services provided and the
				characteristics of the population to be served by the facility.
1. The statement of philosophy and goals
				shall be reevaluated at least annually.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADMINISTRATION › Section 10:47-3.5 - Conflict of interest; provision of goods and services

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall not permit public funds to be paid or
				  committed to be paid to any corporation, firm, association, partnership, or
				  business in which any of the members of the governing body of the facility, or
				  the members of the immediate families of members of the governing body or
				  executive personnel have any direct or indirect financial interest, or in which
				  any of these persons serve as an officer or employee, unless the services or
				  goods involved are provided at a competitive cost or under terms favorable to
				  the facility.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADMINISTRATION › Section 10:47-3.6 - Governing body; non-proprietary facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In a
				non-proprietary facility, there shall be a board of directors, board of
				trustees, or other similar governing body responsible for the facility's
				management, control, and operation, the welfare of the individuals served and
				the formulation of administrative policy.
1.
				A non-proprietary facility shall have a governing body which includes
				representatives of the community in which the facility is located,
				representatives of the parents, and providers of services.
i. The names and addresses of all board
				members shall be supplied to the licensing and inspecting agencies.
ii. The professional background of each
				member shall be provided.
iii.
				Changes in membership shall be reported to the licensing and inspecting
				agencies annually.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADMINISTRATION › Section 10:47-3.7 - Governing body; proprietary facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A proprietary
				facility operated by any owner, partnership, or corporation shall certify to
				the Department the names, addresses, occupations or professions of all the
				owners and the extent of financial interest of each.
(b) A proprietary facility shall have
				documents which fully identify its ownership. A corporation, partnership, or
				association shall identify its officers and shall have, where applicable, the
				charter; partnership agreement; constitution, articles of association; and/or
				bylaws of the corporation, partnership, or association.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADMINISTRATION › Section 10:47-3.8 - Administrative procedures manual

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall assemble and maintain an administrative procedures manual which
				incorporates all of the written policies and procedures designed to implement
				the facility's objectives, and key procedures which address the implementation
				of applicable law and rules.
1. The
				administrative procedures manual shall describe the policies and procedures of
				the major operating units, and shall be available to all interested persons.
				Each procedure shall be designed in accordance with the principles of
				normalization, age appropriateness, least restriction and shall be consistent
				with the organizational structure and management philosophy of the
				facility.
2. The procedures shall
				be reviewed and updated as necessary but at least every five years.
3. All procedures shall identify the dates of
				issuance and review or revision.
4.
				Each policy and/or procedure shall provide:
i.
				A descriptive title which is unique as to permit easy reference and retrieval
				of each document;
ii. An
				explanation regarding the purpose of the document;
iii. A description of sequential steps
				required to successfully complete a task or action;
iv. Assignment of staff responsibilities at
				each step in the implementation; and
v. Reporting and recording requirements for
				each person involved.
5.
				A table of organization shall be incorporated in the administrative procedures
				manual to clearly identify lines of authority, responsibility and
				communication.
6. All staff shall
				be able to describe procedures that they routinely implement.
7. Policies and procedures shall be readily
				available and accessible for staff use.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADMINISTRATION › Section 10:47-3.9 - Abuse of minors

Current through Register Vol. 56, No. 14, July 15, 2024
In the case of persons under the age of 18, allegations of
				  abuse, neglect or exploitation shall be reported immediately by calling
				  1-877-NJABUSE.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADMINISTRATION › Section 10:47-3.10 - Abuse of dependent adults

Current through Register Vol. 56, No. 14, July 15, 2024
In the case of individuals 60 years of age and over,
				  allegations of abuse or neglect shall also be reported to the New Jersey Office
				  of the Ombudsman (see N.J.S.A. 52:27q-7.1 ).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADMINISTRATION › Section 10:47-3.11 - Quality assurance system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A facility
				shall develop, and implement on a continuing basis, and internal administrative
				quality assurance system which shall ensure:
1. Compliance with pertinent Federal, State
				and local laws and regulations;
2.
				Effective implementation of the facility's internal policies and procedures;
				and
3. An annual summary
				encompassing the results of the requirements in (a)1 and 2 above including a
				corrective action plan.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADMINISTRATION › Section 10:47-3.12 - Behavior management

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall establish rules of conduct which promote individual growth by
				incorporating procedures for reinforcement of positive behaviors and
				consequences for negative behaviors.
1. No
				medication shall be used for the convenience of staff, as a substitute for
				programs, as punishment, or in quantities that interfere with an Individual's
				Habilitation Plan (IHP).
2.
				Corporal punishment, physical and verbal abuse, neglect and exploitation shall
				be prohibited.
3. Seclusion and
				isolation (that is, the placement of an individual alone in a locked room)
				shall be prohibited.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADMINISTRATION › Section 10:47-3.13 - Admission policies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall have written admission policies and criteria for admission which shall
				include:
1. Chronological age;
2. The level of developmental
				programming;
3. Other services
				offered;
4. A physical description
				of the facility; and
5. Fees for
				care.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADMINISTRATION › Section 10:47-3.14 - Pre-admission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Individual
				records shall include the following data:
1.
				The full name and sex of the individual;
2. A copy of the individual's birth
				certificate or a written statement of the individual's birth date and birth
				place, including a copy of any guardianship determination made in accordance
				with 30:4-165.5;
3. Documentation of the current custody and
				legal guardianship; which shall include the name, address, telephone number of
				the parent(s) or guardian;
4.
				Consent forms signed by the parent(s) of a minor or court appointed guardian
				allowing the facility to authorize all necessary medical care, routine tests,
				immunization, and emergency medical or surgical treatment;
5. Documentation of the existence of a
				developmental disability prior to the age of 22 (for example, medical
				diagnosis, psychological evaluation, social history);
6. A social and developmental
				history;
7. A previous placement
				history;
8. Behavioral information,
				including, if applicable, the most recent psychological evaluation, current
				behavior plan and history of previous attempts to modify the
				behavior;
9. A psychiatric
				evaluation, if applicable;
10. A
				medication history and immunization history;
11. Documentation for known
				allergies;
12. Seizure records
				and/or neurological examination;
13. A history of serious illness, serious
				injury, or major surgery and all hospitalizations;
14. A certificate which certifies that the
				person is free from contagious disease within 48 hours prior to
				admission;
15. A summary of the
				latest physical examination, including Mantoux testing, Hepatitis B status and
				lead levels;
16. A current
				audiological evaluation, if available;
17. Vision testing, if available;
18. Dental information, if
				available;
19. An IHP from the
				sending agency indicating the individual's programmatic and service needs and
				corresponding recommendations; and
20. Education records and reports as
				required.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADMINISTRATION › Section 10:47-3.15 - Individual records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Individual
				records shall include the following data:
1.
				The date of admission;
2. The
				individual's social history and Medicaid numbers;
3. The individual's religious
				preference;
4. The name, address
				and telephone number of all personal physicians and dentists;
5. A physical examination by the physician
				within one week of admission which includes:
i. An examination for physical injury and
				disease;
ii. An assessment of the
				individual's general health; and
iii. Referrals to an appropriate medical
				specialist for further assessment and/or treatment;
6. Dental information, vision testing, and
				audiological evaluation, if not present in pre-admission data;
7. A prescribed medical program if
				required;
8. Physician's orders
				prescribing medication treatment and/or therapy;
9. Reports of clinical laboratory, X-ray,
				operation, and other diagnostic services;
10. Height and weight records;
11. A medically-prescribed diet, if
				required;
12. A medication
				administration record, including name and strength of drug, date and time of
				administration, dosage administered, route of administration and signature of
				the person administering the drug. (Initials may be used after the individual's
				full name, signature appears at least once on each page of the
				document);
13. Physician's periodic
				progress notes as required on the physical, emotional and behavioral status of
				the individual and course and results of treatment;
14. Progress notes of ancillary services
				including podiatry, physical therapy, optometry, speech and hearing,
				etc.;
15. The current Individual
				Habilitation Plan;
16. Previous
				reports of individual's social and behavioral progress to correspond to the
				current Individual Habilitation Plan; and
17. A record of the individual's personal
				property and funds.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADMINISTRATION › Section 10:47-3.16 - Discharge record

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Individual
				records shall include the following discharge data:
1. The date of discharge, reason for
				discharge, and the name, telephone number, and address of the person or agency
				to whom the individual was discharged; and
2. A written discharge summary describing the
				individual's medical, behavioral and program needs, current programming goals
				and developmental progress, and recommendations for future programming to
				ensure an orderly transition to the new environment.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 3 - ADMINISTRATION › Section 10:47-3.17 - Maintenance of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall maintain a central record for each individual, which shall include social
				information, health care, programming, and educational data from the time of
				admission until the time the individual leaves the facility.
1. Records shall be retained for a minimum of
				10 years after the death or most recent discharge of the person. In the case of
				a discharged minor, such records shall be kept for 10 years following the last
				date of discharge or until the minor reaches the age of 23 years, whichever is
				the longer period of time. In the case of a deceased minor, the record shall be
				kept for 10 years following the date of death.
2. All active records shall be maintained on
				the premises and shall be complete, current and readily available for review by
				authorized persons.
3. Individual
				records shall be conspicuously and appropriately identified and maintained in a
				central records file.
4. All
				entries in the record shall be current, legible, dated, and authenticated by
				the signature and title of the person making the entry.
5. The facility shall provide a legend to
				explain any symbol or abbreviation used in an individual's record.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 4 - PERSONNEL AND STAFF TRAINING › Section 10:47-4.1 - Policies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Personnel
				practices shall comply with all applicable Federal, State, and local laws,
				ordinances, rules and regulations pertaining to employment, including civil
				rights, retirement plans or social security, minimum wages, hours and workmen's
				compensation.
1. The facility shall assure
				that all staff undergo a criminal background check as required by
				30:6D-63 et seq.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 4 - PERSONNEL AND STAFF TRAINING › Section 10:47-4.2 - Personnel records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall have a personnel file for each employee containing:
1. The application for employment and/or
				resume;
2. Reference letters from
				former employer(s) and personal references or notation of telephone contacts
				with such references;
3. Medical
				examinations;
4. Documentation that
				upon employment the employee received a two-step Mantoux tuberculin skin test
				with five tuberculin units of purified protein derivative. The only exceptions
				shall be employees with documented negative two-step Mantoux skin test results
				(zero to nine millimeters of induration) within the last year, employees with a
				documented Mantoux skin test result (10 or more millimeters of induration),
				employees who have received appropriate medical treatment for tuberculosis, or
				when medically contraindicated. Results of the Mantoux tuberculin skin tests
				administered to new employees shall be acted upon as follows:
i. If the first step of the Mantoux
				tuberculin skin test result is less than 10 millimeters of induration, the
				second step of the two-step Mantoux test shall be administered one to three
				weeks later.
ii. If the Mantoux
				test is significant (10 millimeters or more of induration), a chest x-ray shall
				be performed and, if necessary, followed by chemoprophylaxis or
				therapy.
5. A copy of
				any professional credentials/certifications;
6. A copy of the employee's written job
				description;
7. Annual performance
				evaluations and/or personnel actions or other appropriate materials, reports,
				and notes relating to employment with the facility;
8. The employee's hiring and termination
				dates; and
9. The results of the
				employee's criminal background check.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 4 - PERSONNEL AND STAFF TRAINING › Section 10:47-4.3 - Staff training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall provide each employee with initial and continuing training that enables
				the employee to perform his or her duties effectively, efficiently, and
				competently.
(b) Before assuming
				their normal duties, new employees shall receive an orientation to acquaint
				them with:
1. The organization's philosophy,
				goals, programs, and practices;
2.
				An overview of developmental disabilities and any special needs of the
				individuals being served, for example, medical or behavioral problems requiring
				specific, tailored training;
3. The
				appropriate job description and the personnel policies of the
				organization;
4. The prevention of
				abuse, neglect and exploitation;
5.
				Unusual incident reporting and investigating procedures; and
6. The facility's emergency and safety
				procedures.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 4 - PERSONNEL AND STAFF TRAINING › Section 10:47-4.4 - Staff ratios

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall have a minimum of direct care personnel as follows:
1. The on-duty ratio for the day shift shall
				be at least one to 8.5.
i. Facilities sending
				individuals out of the living units for a major portion of the day need not
				provide coverage during the period of time which the individuals are
				absent.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 4 - PERSONNEL AND STAFF TRAINING › Section 10:47-4.5 - Volunteer services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A facility
				which has volunteers working directly with individuals shall have a written
				policy pertaining to the use of volunteers, which shall include the methods of
				recruitment, training and supervision of volunteers.
1. Volunteers may supplement but shall not be
				used in lieu of paid employees.
i. The
				facility shall not depend upon volunteers to perform direct care
				services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 5 - PROTECTING INDIVIDUALS' RIGHTS › Section 10:47-5.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall have a written statement of policies and procedures that protects the
				civil and legal rights of all individuals in accordance with
				30:6D-4.
1. The facility shall ensure that each person
				admitted is fully informed of their rights and responsibilities and is advised
				of all rules and regulations governing their conduct while at the facility.
i. Information shall be provided prior to, or
				at the time of, admission or, in the case of a person already in the facility,
				upon adoption or amendment to existing rights policies, and receipt of such
				information shall be acknowledged by the individual and/or guardian in
				writing.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 5 - PROTECTING INDIVIDUALS' RIGHTS › Section 10:47-5.2 - Personal funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall establish and maintain a system that:
1. Assures a detailed accounting of each
				individual's personal funds entrusted to the facility on behalf of
				individuals;
2. Precludes any
				commingling of individual's funds with facility funds or that of any other
				person; and
3. Assures that the
				individual's financial records are available on request to the individual,
				parents and/or legal guardian.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 5 - PROTECTING INDIVIDUALS' RIGHTS › Section 10:47-5.3 - Clothing and personal possessions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each individual
				shall have the opportunity to select and purchase clothing according to
				individual taste and preference.
(b) The facility shall provide assistance to
				individuals who require assistance in order to maintain their own
				clothing.
(c) The facility shall
				maintain an annual inventory of each person's clothing.
(d) The facility shall ensure that
				individuals have the right to retain and use personal possessions.
1. The facility shall ensure that individuals
				have access to their personal possessions.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 5 - PROTECTING INDIVIDUALS' RIGHTS › Section 10:47-5.4 - Privacy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall provide each individual with the opportunity for personal privacy, to
				include, but not limited to:
1. The free use
				of all common living areas within the home without infringing on the privacy of
				others;
2. The opportunity to
				communicate, associate and meet privately with individuals of their choice;
				and
3. The opportunity for privacy
				during treatment and care of personal needs.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 5 - PROTECTING INDIVIDUALS' RIGHTS › Section 10:47-5.5 - Personal hygiene

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall provide for the basic hygienic needs of the individuals served.
				Individuals shall be helped to attain maximum independence in caring for their
				needs. The following shall be assured:
1.
				Baths or showers shall be provided daily;
2. Individuals who soil shall bathe and
				change immediately;
3. Individuals
				shall brush their teeth at least twice a day and provisions shall be made for
				the cleaning of dentures;
4.
				Individuals shall shampoo their hair at least twice a week, or more frequently
				if necessary;
5. Toe nails and
				finger nails shall be cut as needed;
6. Men shall have the opportunity to shave as
				needed;
7. Individual toilet
				articles such as hairbrush, comb, toothbrush, toothpaste, razor, soap, shampoo,
				washcloth and towel, shall be supplied to each individual and kept in a
				separate receptacle;
8. Feminine
				hygiene protection shall be provided as needed; and
9. Every person who does not eliminate
				appropriately and independently shall be engaged in a toilet training program,
				unless medically contraindicated.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - HEALTH SERVICES › Section 10:47-6.1 - General medical and health care

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At least one
				physician or advanced practice nurse, licensed to practice in New Jersey, shall
				assume overall responsibility for the direction and provision of medical and
				health care.
(b) Arrangements shall
				be made with a community hospital for the acceptance of any person requiring
				inpatient or outpatient hospital services. Services shall include emergency,
				diagnostic, and/or treatment services.
1.
				Written approval for treatment in emergency situations shall be obtained from
				the legal guardian or competent adult at the time of admission.
2. Written approval for routine hospital
				treatment shall be obtained from the legal guardian, or from the competent
				adult individual before treatment is rendered to that individual.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - HEALTH SERVICES › Section 10:47-6.2 - Primary care provider services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A physician or
				advanced practice nurse licensed in the State of New Jersey shall perform
				examinations and administer and/or prescribe treatment as needed for
				preventive, routine and emergency medical care.
(b) An annual complete physical examination
				with findings noted shall be performed for each individual. The physical
				examination shall require:
1. Vision and
				hearing shall be grossly evaluated. For persons with observed problems, visual
				acuity and audiology studies shall be performed as clinically
				indicated.
2. The stool shall be
				tested for occult blood annually after age 50 for persons of average risk for
				colon-rectal cancer; and
3. An
				annual breast examination shall be recorded for all adult women. Mammography
				and cervical cytology shall be performed in accordance with standards
				recommended by the American Cancer Society, unless the physician or advanced
				practice nurse documents that the tests are medically contraindicated.
				(American Cancer Society, 1599 Clifton Rd. NE, Atlanta, Georgia
				30329)
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - HEALTH SERVICES › Section 10:47-6.3 - Nursing services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Nursing
				services shall be provided in accordance with N.J.A.C. 13:37.
(b) A licensed professional nurse shall
				assess each individual's health status and record their findings in the
				individual's record as needed but at least annually.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - HEALTH SERVICES › Section 10:47-6.4 - Dental services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed
				dentist shall provide:
1. Routine and
				preventive dental care at least annually.
2. A record documenting the results of the
				dental examination, signed and dated by the dentist, shall be maintained in the
				individual's record.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - HEALTH SERVICES › Section 10:47-6.5 - Pharmaceutical services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall provide pharmaceutical services under the direction of a New Jersey
				licensed pharmacist, in accordance with N.J.A.C. 13:39.
(b) The facility shall provide pharmaceutical
				services, both dispensing and consultant, either directly or through written
				contractual agreements.
(c) The
				facility shall have written policies and procedures, describing the methods for
				obtaining, dispensing, storing, administering, and usage of medications. The
				policies and procedures shall be reviewed and updated annually.
(d) The facility shall have a policy and a
				procedure for the use of "as needed" (PRN) orders.
(e) The facility shall comply with Federal
				and State rules and regulations governing the order, storage, dispensing,
				administration, recording and disposal of medications.
(f) Any medication or change in medication
				dosage by the physician or advance practice nurse shall be immediately noted on
				the current written medication record by staff.
1. Verbal orders from the physician or
				advance practice nurse shall be confirmed in writing within 24 hours or by the
				first business day following receipt of the verbal order.
2. The prescription or medication sheet shall
				be revised at the earliest opportunity.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - HEALTH SERVICES › Section 10:47-6.6 - Psychoactive medication

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall have a written policy governing the use of psychoactive
				medication.
(b) The use of
				psychoactive medication shall be premised on the grounds that it constitutes an
				appropriate intervention either alone or in conjunction with other strategies
				to treat a psychiatric disorder or to manage a behavior disorder, as follows:
1. For treatment of psychiatric disorders,
				the medication shall be prescribed for the purpose of reducing or eliminating
				the symptoms of a psychiatric disorder which is diagnosed by a psychiatrist
				using the DSM-IV. (DSM-IV can be obtained from the American Psychiatric
				Association, 1900 K Street, Washington, D.C. 20005.) Except in an emergency,
				the IDT shall meet and determine if behavior interventions should be used in
				conjunction with psychoactive medication. The decision of the team shall be
				documented.
2. For behavior
				management, the psychoactive medication shall be prescribed for the purpose of
				managing a severe problem behavior when no specific psychiatric diagnosis has
				been made. Before the psychoactive medication is administered, the IDT shall
				meet. The use of psychoactive medication shall not be considered the sole
				modality to address the behavior but shall be supplemented by appropriate
				interventions based on functional analysis, for example, environmental
				strategies and/or behavior modifications, staff training, and individual
				management strategies. The IDT may decide to use other appropriate behavior
				interventions in lieu of psychoactive medication.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - HEALTH SERVICES › Section 10:47-6.7 - Medical records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An accurate,
				complete and up to date medical record shall be maintained for each individual.
				This record shall include:
1. A list of all
				current diagnoses, which shall be located in an identified area of the
				record;
2. A list of all
				significant past illnesses, surgeries and trauma, which shall be located in an
				identified area of the record;
3. A
				health status review by licensed professional nurses as needed but at least
				annually;
4. An annual physical
				examination;
5. An immunization
				record;
6. List of known
				allergies;
7. Vision examination
				every three years;
8. Report of
				annual dental examination or accurate dental records;
9. Physician's orders;
10. Physician's periodic progress notes on
				the physical, emotional, and behavioral status of the individual;
11. Nurse's and clinical notes;
12. Reports of clinical laboratory x-rays,
				surgical, or other diagnostic services;
13. Height and weight records; and
14. A medication administration record.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 6 - HEALTH SERVICES › Section 10:47-6.8 - Lead control

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A lead control
				program shall be developed in each facility which shall ensure that all
				individuals served shall be protected from the harmful effects of lead
				poisoning.
(b) Because pica is a
				form of maladaptive behavior, a behavior modification plan shall be considered
				by the interdisciplinary team as part of the Individual Habilitation Plan (IHP)
				of each individual who exhibits pica behavior. If a behavior medication plan is
				not recommended, the team shall document the justification in the IHP. The team
				shall follow the provisions of
				10:47-7.4 in developing a behavior
				modification plan.
(c) Diagnosis of
				pica and/or history of pica must appear in a visible area in the IHP
				(preferably on the cover sheet).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 7 - HABILITATION SERVICES › Section 10:47-7.1 - Individual Habilitation Plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days
				of admitting a developmentally disabled individual, the facility shall develop
				an Individual Habilitation Plan (IHP).
(b) Each individual's IHP shall be developed
				by the Interdisciplinary Team (IDT).
1. One
				member of the IDT shall be designated the plan coordinator.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 7 - HABILITATION SERVICES › Section 10:47-7.2 - Education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall make arrangements for a formal education program for all individuals
				between the ages of three and 21, in accordance with N.J.A.C. 6A:14.
(b) The facility shall provide a copy of a
				clearly defined educational curriculum to the individual, his or her parent(s)
				and guardian.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 7 - HABILITATION SERVICES › Section 10:47-7.3 - Adult training and vocational services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall assure that a continuum of programs is available to all individuals.
1. Training and services shall be appropriate
				to the age and abilities of each individual.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 7 - HABILITATION SERVICES › Section 10:47-7.4 - Psychological services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Psychological
				services shall be provided, either by employees of the facility or through
				community based providers.
(b)
				Psychological services shall include the use of non-aversive and/or aversive
				techniques to modify behavior. They shall be grouped according to the presumed
				level of aversiveness as follows:
1. Level I
				shall include non-aversive techniques that include, but are not limited to:
				differential reinforcement of alternate behavior, communication behavior,
				higher rates of behavior, lower rates of behavior, and incompatible behavior;
				stimulus control/change; sensory stimulation; pointed praise; relaxation
				training; correction with verbal prompts; extinction; and time out from
				positive reinforcement, not to exceed five minutes.
2. Level II shall include techniques that are
				presumed to be mildly aversive and/or restrictive in nature, including, but not
				limited to: correction utilizing physical prompts; response costs; negative
				practice; and time out from positive reinforcement not to exceed 15
				minutes.
3. Level III shall include
				techniques that are presumed to be more aversive and/or restrictive than Level
				II techniques and which place the person at increased risk which include, but
				are not limited to: aversive stimulation, manual restraint, meal modification,
				mechanical restraint, overcorrection with or without positive practice,
				response cost including personal property or community activities, sensory
				masking, time out utilizing any techniques not found in Levels I and II, and
				time out from positive reinforcement in a designated room.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 7 - HABILITATION SERVICES › Section 10:47-7.5 - Behavior management procedure manual

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall develop a behavior management procedure manual which describes treatment
				modalities for individuals manifesting behavior problems.
1. Where a behavior management plan is
				indicated, such plan shall be approved by the IDT and shall be incorporated in
				the IHP, prior to implementation.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 7 - HABILITATION SERVICES › Section 10:47-7.6 - Behavior management committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Behavior
				Management Committee shall review and make recommendations for the approval or
				disapproval of all behavior plans using Level III techniques. The CEO shall
				make the final decision and assume responsibility for whatever course of action
				is pursued. The CEO shall document substantive reasons when proceeding against
				the advice and recommendation of the Behavior Management Committee.
(b) The composition and operation of Behavior
				Management Committee shall be as follows:
1.
				The Committee shall consist of not less than five nor more than 15
				members;
2. The Committee shall be
				comprised of no more than one third common membership of the Behavior
				Management and Human Rights committees of a facility;
3. The members of the Behavior Management
				Committee shall be appointed by the CEO;
4. A chairperson shall be appointed by the
				CEO;
5. The behavior management
				shall meet as frequently as needed;
6. Attendance by at least 50 percent of
				membership shall constitute a quorum; and
7. Members shall abstain from voting on any
				issue that might constitute a conflict of interest.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 7 - HABILITATION SERVICES › Section 10:47-7.7 - Use of Level III techniques

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				the other requirements of this chapter, the use of Level III techniques shall
				also require the informed, written non-coerced consent of the individual, if a
				competent adult, or of the parent/guardian of a minor, or of the guardian of an
				incompetent adult.
(b) In securing
				an informed consent, those individuals whose consent is sought shall be
				apprised:
1. Of unsuccessful attempts to use
				less aversive techniques to reduce the maladaptive behavior;
2. Of reasons for recommending the use of
				aversive techniques as the least restrictive method;
3. Of alternate techniques that might be used
				to change the maladaptive behavior and the reasons for choosing the planned
				technique;
4. Of the benefits and
				potential risks associated with the use of the aversive technique;
5. Of the potential risk to the individual or
				others if the technique is not implemented; and
6. Of the right to disapprove implementation
				of these techniques or to withdraw approval at any time.