reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 2 - SURVEY PROCEDURES › Section 8:43E-2.4 - Plan of correction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may
				require that the facility submit a written plan of correction specifying how each
				deficiency that has been cited will be corrected along with the time frames for
				completion of each corrective action. A single plan of correction may address all
				events associated with a given deficiency.
(b) The plan of correction shall be submitted
				within 10 business days of the facility's receipt of the notice of violations,
				unless the Department specifically authorizes an extension for cause. Where
				deficiencies are the subject of informal dispute resolution pursuant to
				8:43E-2.3, the extension shall pertain
				only to the plans of correction for the deficiencies under review.
(c) The Department may require that the facility's
				representatives appear at an office conference to review findings of serious or
				repeated licensure deficiencies and to review the causes for such violations and the
				facility's plan of correction.
(d) The
				plan of correction shall be reviewed by the Department and will be approved where
				the plan demonstrates that compliance will be achieved in a manner and time that
				assures the health and safety of patients or residents. If the plan is not approved,
				the Department may request that an amended plan of correction be submitted within
				five business days. In relation to violations of resident or patient rights, the
				Department may direct specific corrective measures that must be implemented by
				facilities.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 3 - ENFORCEMENT REMEDIES › Section 8:43E-3.1 - Enforcement remedies available

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				26:2H-13, 14, 15, 16 and 38, the
				Commissioner or his or her designee may impose the following enforcement remedies
				against a health care facility for violations of licensure regulations or other
				statutory requirements:
1. Civil monetary
				penalty;
2. Curtailment of
				admissions;
3. Appointment of a receiver
				or temporary manager;
4. Provisional
				license;
5. Suspension of a
				license;
6. Revocation of a
				license;
7. Order to Cease and Desist
				operation of an unlicensed health care facility; and
8. Other remedies for violations of statutes as
				provided by State or Federal law, or as authorized by Federal survey, certification,
				and enforcement regulations and agreements.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 3 - ENFORCEMENT REMEDIES › Section 8:43E-3.2 - Notice of violations and enforcement actions

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner shall serve notice to a facility of the proposed
				  assessment of civil monetary penalties, suspension or revocation of a license, or
				  placement on a provisional license, setting forth the specific violations, charges
				  or reasons for the action. Such notice shall be served on a licensee or its
				  registered agent in person or by certified mail.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 3 - ENFORCEMENT REMEDIES › Section 8:43E-3.3 - Effective date of enforcement actions

Current through Register Vol. 56, No. 14, July 15, 2024
The assessment of civil monetary penalties, or revocation of a
				  license, or the placement of a license on provisional status shall become effective
				  30 days after the date of mailing or the date personally served on a licensee,
				  unless the licensee shall file with the Department a written answer to the charges
				  and give written notice to the Department of its desire for a hearing in which case
				  the assessment, suspension, revocation or placement on provisional license status
				  shall be held in abeyance until the administrative hearing has been concluded and a
				  final decision is rendered by the Commissioner. Hearings shall be conducted in
				  accordance with 8:43E-4.1.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 3 - ENFORCEMENT REMEDIES › Section 8:43E-3.5 - Failure to pay a penalty; remedies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days after
				the mailing date of a Notice of Proposed Assessment of a Penalty, a facility which
				intends to challenge the enforcement action shall notify the Department of its
				intent to request a hearing pursuant to the Administrative Procedure Act.
(b) The penalty becomes due and owing upon the
				30th day from mailing of the Notice of Proposed Assessment of Penalties, if a notice
				requesting a hearing has not been received by the Department. If a hearing has been
				requested, the penalty is due 45 days after the issuance of a Final Agency Decision
				by the Commissioner, if the Department's assessment has not been withdrawn,
				rescinded, or reversed, and an appeal has not been timely filed with the New Jersey
				Superior Court, Appellate Division pursuant to New Jersey Court Rule
				2:2-3.
(c) Failure to pay a penalty
				within 30 days of the date it is due and owing pursuant to (b) above may result in
				one or more of the following actions:
1.
				Institution of a summary civil proceeding by the State pursuant to the Penalty
				Enforcement Law (N.J.S.A. 2A:58-1 et seq.); or
2. Placing the facility on a provisional license
				status.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 3 - ENFORCEMENT REMEDIES › Section 8:43E-3.6 - Curtailment of admissions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may
				issue an order curtailing all new admissions and readmissions to a health care
				facility in the following circumstances:
1. Where
				violations of licensing regulations are found that have been determined to pose an
				immediate and serious threat of harm to patients or residents of a health care
				facility;
2. Where the Department has
				issued a Notice of Proposed Revocation or Suspension of a health care facility
				license, for the purpose of limiting the census of a facility if patients or
				residents must be relocated upon closure;
3. Where the admission or readmission of new
				patients or residents to a health care facility would impair the facility's ability
				to correct serious or widespread violations of licensing regulations related to
				direct patient care and cause a diminution in the quality of care; or
4. For exceeding the licensed or authorized bed or
				service capacity of a health care facility, except in those instances where
				exceeding the licensed or authorized capacity was necessitated by emergency
				conditions and where immediate and satisfactory notice was provided to the
				Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 3 - ENFORCEMENT REMEDIES › Section 8:43E-3.7 - Appointment of a receiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				26:2H-42 et seq., the Department may
				seek an order or judgment in a court of competent jurisdiction, directing the
				appointment of a receiver for the purpose of remedying a condition or conditions in
				a residential health care facility, assisted living facility, or long-term care
				facility, that represent a substantial or habitual violation of the standards of
				health, safety, or resident care adopted by the Department or pursuant to Federal
				law or regulation.
(b) The Department
				shall review and approve the receiver's qualifications prior to submission for court
				approval. The receiver shall have experience and training in long-term care,
				assisted living, or residential health care, as appropriate, and, if the facility is
				a licensed long-term care provider, the receiver shall possess a current New Jersey
				license as a nursing home administrator and be in good standing. The Department
				shall maintain a list of interested and approved receivers.
(c) No receiver may be a current owner, licensee,
				or administrator of the subject facility or a spouse or immediate family member
				thereof.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 3 - ENFORCEMENT REMEDIES › Section 8:43E-3.8 - Suspension of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				26:2H-14, the Commissioner may order
				the summary suspension of a license of a health care facility or a component or
				distinct part of a facility upon a finding that violations pertaining to the care of
				patients or to the hazardous or unsafe conditions of the physical structure pose an
				immediate threat to the health, safety, and welfare of the public or the residents
				of the facility.
(b) Upon a finding
				described in (a) above, the Commissioner or the Commissioner's authorized
				representative shall serve notice in person or by certified mail to the facility or
				its registered agent of the nature of the findings and violations and the proposed
				order of suspension. Except in the case of a life-threatening emergency, the notice
				shall provide the facility with a 72-hour period from receipt to correct the
				violations and provide proof to the Department of such correction.
(c) If the Department determines the violations
				have not been corrected, and the facility has not filed notice requesting a hearing
				to contest the notice of suspension within 48 hours of receipt of the Commissioner's
				notice pursuant to (e) below, then the license shall be deemed suspended. Upon the
				effective date of the suspension, the facility shall cease and desist the provision
				of health care services and effect an orderly transfer of patients.
(d) The Department shall approve and coordinate
				the process to be followed during an evacuation of the facility or cessation of
				services pursuant to an order for suspension or revocation.
(e) If the facility requests a hearing within 48
				hours of receipt of the Notice of Proposed Suspension of License in accordance with
				26:2H-14, the Department shall arrange
				for an immediate hearing to be conducted by the Commissioner and a final agency
				decision shall be issued within 48 hours by the Commissioner. If the Commissioner
				shall affirm the proposed suspension of the license, the order shall become final.
				The licensee may apply for injunctive relief against the Commissioner's order in the
				New Jersey Superior Court, in accordance with the provisions set forth in
				26:2H-14.
(f) Notwithstanding the issuance of an order for
				proposed suspension of a license, the Department may concurrently or subsequently
				impose other enforcement actions pursuant to these rules.
(g) The Department may rescind the order for
				suspension upon a finding that the facility has corrected the conditions which were
				the basis for the action.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 3 - ENFORCEMENT REMEDIES › Section 8:43E-3.9 - Revocation of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Notice of the
				Proposed Revocation of a health care facility license may be issued in the following
				circumstances:
1. The facility has failed to
				comply with licensing requirements, posing an immediate and serious risk of harm or
				actual harm to the health, safety, and welfare of patients or residents, and the
				facility has not corrected such violations in accordance with an approved plan of
				correction or subsequent to imposition of other enforcement remedies issued pursuant
				to these rules;
2. The facility has
				exhibited a pattern and practice of violating licensing requirements, posing a
				serious risk of harm to the health, safety and welfare of residents or patients. A
				pattern and practice may be demonstrated by the repeated violation of identical or
				substantially-related licensing regulations during three consecutive surveys, or the
				issuance of civil monetary penalties pursuant to
				8:43E-3.4 or other enforcement actions
				for unrelated violations on three or more consecutive surveys;
3. Failure of a licensee to correct identified
				violations which had led to the issuance of an order for suspension of a license,
				pursuant to 8:43E-3.6 or 3.8; or
4. Continuance of a facility on provisional
				licensure status for a period of 12 months or more.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 3 - ENFORCEMENT REMEDIES › Section 8:43E-3.10 - Provisional license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may
				place a health care facility on provisional license status in the following
				circumstances:
1. Upon issuance of a Notice for
				Revocation or Suspension of a License, pursuant to
				8:43E-3.8 or 3.9, for a period extending
				through final adjudication of the action;
2. Upon issuance of an order for curtailment of
				admissions pursuant to
				8:43E-3.6, for a minimum period of three
				months and for a maximum period extending through 90 days following the date the
				Department finds the facility has achieved substantial compliance with all
				applicable licensing regulations;
3. For
				failure to satisfy a civil penalty due and owing pursuant to
				8:43E-3.4; or
4. Upon a recommendation to the Federal government
				or the New Jersey Division of Medical Assistance and Health Services for termination
				of a provider agreement for failure to meet the Federal certification
				regulations.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 3 - ENFORCEMENT REMEDIES › Section 8:43E-3.11 - Cease and desist order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				26:2H-14 and 15, the Commissioner or
				his or her designee may issue an order requiring the operation of an unlicensed or
				unauthorized care facility or service to cease and desist.
(b) The Commissioner may also impose other
				enforcement actions pursuant to these rules for operation of an unlicensed health
				care facility.
(c) The Department may
				maintain an action in the New Jersey Superior Court to enjoin any entity from
				operation of a health care facility without a license or after the suspension or
				revocation of a license pursuant to these rules.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 4 - HEARINGS › Section 8:43E-4.1 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notice of a proposed
				enforcement action shall be afforded to a facility pursuant to
				8:43E-3.2.
(b) A facility shall notify the Department of its
				intent to request a hearing in a manner specified in the Notice within 30 days of
				its receipt.
(c) The Department shall
				transmit the hearing request to the Office of Administrative Law.
(d) Hearings shall be conducted pursuant to the
				Administrative Procedure Act,
				52:14B-1 et seq., and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1.1.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 4 - HEARINGS › Section 8:43E-4.2 - Settlement of enforcement actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility may
				request that the matter be settled in lieu of conducting an administrative hearing
				concerning an enforcement action.
(b) If
				the Department and the facility agree on the terms of a settlement, a written
				agreement specifying these terms shall be executed.
(c) Pursuant to
				26:2H-16, civil penalties may be
				settled by the Department in cash or in-kind services to patients where
				circumstances warrant such agreement and the settlement does not compromise the
				health, safety, or welfare of patients. In no case shall such settlement reduce a
				penalty below $ 250.00, or $ 500.00 for second and subsequent offenses.
(d) The Department may agree to accept payment of
				penalties over a schedule not exceeding 18 months where a facility demonstrates
				financial hardship.
(e) All funds
				received in payment of penalties shall be deposited in the Health Care Facilities
				Improvement Fund. Such fund shall be designated for use by the Commissioner to make
				corrections in a health care facility which is in violation of a licensure standard
				and in which the owner or operator is unable or unwilling to make the necessary
				corrections. The owner of the facility shall repay the fund any monies plus interest
				at the prevailing rate that were expended by the State to correct the violation at
				the facility. If the owner fails to promptly reimburse the fund, the Commissioner
				shall have a lien in the name of the State against the facility for the cost of the
				corrections plus interest and for any administrative cost incurred in filing the
				lien.
(f) If a facility fails to meet
				the conditions of the settlement, the Department may immediately impose the original
				enforcement action without any further right to an administrative hearing.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 5 - LICENSURE PROCEDURES › Section 8:43E-5.1 - Track record evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the case of an
				application for licensure of a long-term care facility, subacute care unit in an
				acute care general hospital, assisted living residence, comprehensive personal care
				home, assisted living program, alternate family care sponsor agency, or residential
				health care facility, for which a certificate of need is required, the applicant's
				track record shall be evaluated as part of the certificate of need application
				process, in accordance with
				8:33-4.10.
(b) In the case of an application for which a
				certificate of need is not required, including an application for transfer of
				ownership of a long-term care facility, subacute care unit in an acute care general
				hospital, assisted living residence, comprehensive personal care home, assisted
				living program, alternate family care sponsor agency, adult day health care
				facility, or residential health care facility, an application to establish or expand
				an adult day health care facility or to expand a residential health care facility,
				and an application for any long-term care beds or services offered as part of a
				continuing care retirement community, the track record rules regarding certificate
				of need applications at
				8:33-4.10 shall be applied. These rules
				include, but are not limited to, those addressing criteria for denial of
				applications, the scope of the track record review, the use of categories of health
				care service similarity or relatedness, the meaning of the term "applicant," and the
				duration of the waiting period following application denial.
(c) In the case of an application to add one or
				more beds in accordance with
				8:39-2.12, for which a certificate of
				need is not required, the track record rules regarding certificate of need
				applications at 8:33-4.10 shall be applied only to the
				facility which is requesting the additional beds.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 5 - LICENSURE PROCEDURES › Section 8:43E-5.2 - Facility surveys

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the written
				application for licensure is approved and the building is ready for occupancy, a
				survey of the facility by representatives of the Department's Inspections,
				Complaints and Compliance Program or the Long Term Care Assessment and Survey
				Program, as applicable, shall be conducted to determine if the facility complies
				with the rules in this chapter.
1. The facility
				shall be notified in writing of the findings of the survey, including any
				deficiencies found.
2. The facility
				shall notify the Department's Inspections, Complaints and Compliance Program or Long
				Term Care Assessment and Survey Program, as applicable, when the deficiencies, if
				any, have been corrected, and the program so notified will schedule one or more
				resurveys of the facility prior to occupancy.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 5 - LICENSURE PROCEDURES › Section 8:43E-5.3 - Facility licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A license shall be
				issued only where the survey conducted pursuant to
				8:43E-5.2 demonstrates that the facility
				meets the requirements as set forth in
				26:2H-1 et seq. and the applicable
				rules duly promulgated pursuant thereto.
(b) A license shall be granted for a period of one
				year or less, as determined by the Department.
(c) The license shall be conspicuously posted in
				the facility.
(d) The license is not
				assignable or transferable, and it shall be immediately void if the facility ceases
				to operate, if the facility's ownership changes, or if the facility is relocated to
				a different state.
(e) The license,
				unless suspended or revoked in accordance with these rules, shall be renewed
				annually on the anniversary date of the issuance of the original license, or within
				30 days thereafter. In cases where the license issues after, but within 30 days of,
				the anniversary date, it shall be deemed to have issued on the anniversary date and
				dated accordingly. The facility shall receive from the Department a request for
				licensure renewal fee 30 days prior to the expiration of the license. A renewed
				license shall not issue unless and until the licensure renewal fee is received by
				the Department.
(f) The license may not
				be renewed if local rules, regulations and/or other applicable requirements are not
				met, or if the Department determines that the facility is in violation of applicable
				licensure standards.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 5 - LICENSURE PROCEDURES › Section 8:43E-5.4 - Conditional license

Current through Register Vol. 56, No. 14, July 15, 2024
A conditional license may be issued to a health care facility
				  providing a type or category of health care service neither listed nor otherwise
				  addressed in the applicable licensure chapter for that type of facility.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 5 - LICENSURE PROCEDURES › Section 8:43E-5.5 - Surrender of license

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall notify each patient/resident, each
				  patient/resident's physician, and any guarantors of payment at least 30 days prior
				  to the surrender of a license, or as directed under an order of revocation, refusal
				  to renew, or suspension of a license. In such cases, the license shall be returned
				  to the Certificate of Need and Acute Care Licensure Program or the Long Term Care
				  Licensure Program, as applicable, within seven working days after the surrender,
				  revocation, non-renewal, or suspension of the license.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 5 - LICENSURE PROCEDURES › Section 8:43E-5.6 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner or
				his or her designee may, in accordance with the general purposes and intent of
				26:2H-1 et seq., and the licensure
				rules applicable to the type of facility in question, waive sections of applicable
				licensure rules if, in his or her opinion, such waiver would not endanger the life,
				safety, or health of patients or the public.
(b) A facility seeking waiver pursuant to this
				rule shall apply in writing to the Director of the Certificate of Need and Acute
				Care Licensure Program or the Long Term Care Licensure Program, as
				applicable.
(c) A written request for
				waiver shall include the following:
1. The specific
				rule(s) or part(s) of the rule(s) for which waiver is sought;
2. Reasons for requesting a waiver, including a
				statement of the type and degree of hardship that would result to the facility if
				the waiver does not issue;
3. An
				alternative proposal, ensuring patient safety and compliance with the general intent
				and purpose of the applicable licensure rules; and
4. Documentation to support the request for
				waiver.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 6 - PAIN MANAGEMENT PROCEDURES › Section 8:43E-6.1 - Pain management standards; scope

Current through Register Vol. 56, No. 14, July 15, 2024
The standards set forth in this subchapter apply to all health
				  care facilities licensed in accordance with
				  26:2H-1 et seq.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 6 - PAIN MANAGEMENT PROCEDURES › Section 8:43E-6.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this subchapter are intended to promote the health,
				  safety, and welfare of patients or residents of health care facilities by
				  establishing requirements for the assessment, monitoring and management of pain.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 6 - PAIN MANAGEMENT PROCEDURES › Section 8:43E-6.3 - 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:
"Pain" means an unpleasant sensory and emotional experience
				  associated with actual or potential tissue damage or described in terms of such
				  damage.
"Pain management" means the assessment of pain and, if
				  appropriate, treatment in order to assure the needs of patients or residents of
				  health care facilities who experience problems with pain are met. Treatment of pain
				  may include the use of medications or application of other modalities and medical
				  devices such as, but not limited to, heat or cold, massage, transcutaneous
				  electrical nerve stimulation (TENS), acupuncture, and neurolytic techniques such as
				  radiofrequency coagulation and cryotherapy.
"Pain rating scale" means a tool that is age cognitive and
				  culturally specific to the patient or resident population to which it is applied and
				  which results in an assessment and measurement of the intensity of pain.
"Pain treatment plan" means a plan, based on information gathered
				  during a patient/resident pain assessment, that identifies the patient's/resident's
				  needs and specifies appropriate interventions to alleviate pain, to the extent
				  feasible and medically appropriate.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 6 - PAIN MANAGEMENT PROCEDURES › Section 8:43E-6.4 - Pain assessment procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A facility shall
				formulate a system for assessing and monitoring patients'/residents' pain using a
				pain rating scale.
1. A facility serving different
				patient/resident populations shall utilize more than one pain scale, as
				appropriate.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 6 - PAIN MANAGEMENT PROCEDURES › Section 8:43E-6.5 - Staff education and training programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each facility shall
				develop, revise as necessary and implement a written plan for the purpose of
				training and educating staff on pain management. The plan shall include mandatory
				educational programs that address at least the following:
1. Orientation of new staff to the facility's
				policies and procedures on pain assessment and management;
2. Training of staff in pain assessment tools;
				behaviors potentially indicating pain; personal, cultural, spiritual and/or ethnic
				beliefs that may impact a patient's/resident's perception of pain; new equipment and
				new technologies to assess and monitor a patient's/resident's pain status;
3. Incorporation of pain assessment, monitoring
				and management into the initial orientation and ongoing education of all appropriate
				staff; and
4. Patient/resident
				rights.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 6 - PAIN MANAGEMENT PROCEDURES › Section 8:43E-6.6 - Pain management continuous quality improvement

Current through Register Vol. 56, No. 14, July 15, 2024
The facility's continuous quality improvement program shall
				  include a systematic review and evaluation of pain assessment, management and
				  documentation practices. The facility shall develop a plan by which to collect and
				  analyze data in order to evaluate outcomes or performance. Data analysis shall focus
				  on recommendations for implementing corrective actions and improving performance.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 7 - REQUIREMENT TO USE NEEDLES AND SHARP INSTRUMENTS CONTAINING INTEGRATED SAFETY FEATURES OR NEEDLELESS DEVICES › Section 8:43E-7.1 - Use of needles and sharp instruments containing integrated safety features

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All facilities shall
				purchase, for use by health care workers only, available sharp devices containing
				integrated safety features or available needleless devices designed to prevent
				needle stick injuries, in accordance with
				26:2H-5.1 0 through 5.16, as well as
				this subchapter.
(b) In cases where
				there is no available sharp device containing integrated safety features or
				needleless device, for a specific patient use, facilities shall utilize the
				appropriate sharp device that is available for that specific patient use, including
				any sharp device which employs non-integrated, add-on safety features, until such
				time as an appropriate sharp device containing integrated safety features becomes
				available.
(c) The provisions of this
				section shall apply to both empty and pre-filled syringes upon the effective date of
				these rules.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 7 - REQUIREMENT TO USE NEEDLES AND SHARP INSTRUMENTS CONTAINING INTEGRATED SAFETY FEATURES OR NEEDLELESS DEVICES › Section 8:43E-7.3 - Requirement and responsibilities of evaluation committees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every licensed
				health care facility or health care system shall appoint an evaluation committee
				which shall be responsible for evaluating and selecting sharp devices with
				integrated safety features or needleless devices for use by health care workers at
				the facility or facilities.
(b) At least
				one half of all members of the evaluation committee shall be direct-care health care
				workers employed by the facility or health care system, whose job duties include the
				use of sharp devices to treat patients of the facility and resulting potential
				exposure to blood and other potentially exposed infectious material through
				accidental needle stick injuries. In the case of a health care system, not only
				shall at least one half of the evaluation committee be comprised of direct-care
				health care workers, but the evaluation committee shall also include at least one
				direct-care health care worker from every facility within the health care
				system.
(c) In determining which needles
				and other sharp devices or needleless devices to purchase in compliance with these
				rules, every evaluation committee shall establish and follow guidelines for
				determining which devices are to be purchased for use by facility staff. An example
				of such guidelines may be found in the June 1999 edition of the "California Guide to
				Preventing Sharps Injuries." That manual is available by contacting the California
				Healthcare Association by telephone at (800) 494-2001 or (916) 928-5123, via the
				internet at
http://www.calhealth.org
or in writing at the following address:
California Healthcare Association
Publication Sales Center
1101 North Market Boulevard, #9
Sacramento, CA 95834
Guidelines may also be found at
http://www.tdict.org
.
(d) All facilities shall develop and maintain
				policies and procedures for the continual review and evaluation of sharp devices or
				needleless devices as they are newly introduced and become available. Review of
				newly marketed devices shall occur at a minimum frequency of once annually. The
				policies and procedures shall include a requirement that all health care workers
				receive appropriate training in the use of all safety devices, whether sharp or
				needleless, purchased for use during the course of their duties. Training shall be
				provided to the extent necessary to ensure the proper and appropriate use of all
				devices with integrated safety features or needleless devices used within the
				facility. The policies and procedures shall be reviewed and reevaluated every three
				years.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 7 - REQUIREMENT TO USE NEEDLES AND SHARP INSTRUMENTS CONTAINING INTEGRATED SAFETY FEATURES OR NEEDLELESS DEVICES › Section 8:43E-7.4 - Waiver from the requirement to utilize available sharp devices with integrated safety features or needleless devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All facilities shall
				develop policies and procedures setting forth a mechanism for health care
				professionals to request non-emergency waivers from the requirements set forth in
				8:43E-7.1. All waiver requests shall be
				submitted to the evaluation committee on forms prescribed by the
				Department.
(b) Non-emergency waiver
				requests shall be presented to the evaluation committee for approval and shall be
				considered only for a specific device to be used for a specific medical procedure
				that shall be performed on a specific class of patients. In cases where the
				evaluation committee determines that the use of a sharp device with integrated
				safety features may potentially have a negative impact on patient safety or the
				success of a specific medical procedure, the waiver request shall be granted by the
				evaluation committee.
(c) In the case of
				an emergency, a health care professional may utilize sharp devices which do not
				contain integrated safety features without a waiver, provided:
1. The professional determines that use of a sharp
				device with integrated safety features potentially may have a negative impact on
				patient safety or the success of a specific medical procedure; and
2. The professional making the determination
				required in (c)1 above, notifies the evaluation committee, in writing, on a form
				prescribed by the Department, within five days of the date the sharp device was
				used, of the reasons why it was necessary to use a sharp device without integrated
				safety features.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43E - GENERAL LICENSURE PROCEDURES AND STANDARDS APPLICABLE TO ALL LICENSED FACILITIES › Subchapter 7 - REQUIREMENT TO USE NEEDLES AND SHARP INSTRUMENTS CONTAINING INTEGRATED SAFETY FEATURES OR NEEDLELESS DEVICES › Section 8:43E-7.5 - Recording requirements

Current through Register Vol. 56, No. 14, July 15, 2024
All facilities shall maintain a record of needle stick injuries,
				  either in a Sharps Injury Log or an OSHA 300 Log. All entries made pursuant to this
				  subchapter shall include a description of the injury and the type and brand name of
				  the sharp device involved in the injury.
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-8.1 - Mandatory overtime; scope and general purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The procedures set forth in this subchapter apply to all health
				  care facilities licensed in accordance with
				  26:2H-1 et seq., including a State or
				  county psychiatric hospital, a State developmental center, or a health care service
				  firm registered by the Division of Consumer Affairs in the Department of Law and
				  Public Safety pursuant to
				  56:8-1.1 et seq. The rules set forth
				  the standards and procedures governing the use by health care facilities of required
				  overtime by hourly wage employees involved in direct patient care activities or
				  clinical services in health care facilities.
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-8.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this
				subchapter do not apply to the following:
1.
				Physicians;
2. Volunteers;
3. Employees who volunteer to work
				overtime;
4. Employees of assisted
				living facilities that are licensed in accordance with N.J.A.C. 8:36 and who receive
				room and board as a benefit of employment and reside at the facility on a full-time
				basis;
5. Employees who assume on-call
				duty;
6. Employees participating in a
				surgical or therapeutic interventional procedure that is in progress, when it would
				be detrimental to the patient if the employee left. However, in the case of elective
				procedures, the rules do apply if the procedure was scheduled such that the length
				of time ordinarily required to complete the procedure would exceed the end of the
				employee's scheduled shift; and
7.
				Employees not involved in direct patient care activities or clinical services.
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-8.4 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this subchapter are intended to promote the health,
				  safety, and welfare of patients, residents and clients of health care facilities as
				  well as of certain hourly wage employees of those facilities through establishing
				  rules implementing the statutory limitations on health care facilities' authority to
				  require certain hourly wage employees, involved in direct patient care activities or
				  clinical services, to work overtime.
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-8.5 - Overtime procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided
				for in (b) below, an employer shall not require an employee involved in direct
				patient care activities or clinical services to work in excess of an agreed to,
				predetermined and regularly scheduled daily work shift, not to exceed 40 hours per
				week. The acceptance by any employee of work in excess of this shall be strictly
				voluntary. The refusal of an employee to accept such overtime work shall not be
				grounds for discrimination, dismissal, discharge, or any other penalty or employment
				decision adverse to the employee.
(b)
				The requirements of (a) above shall not apply in the case of an unforeseeable
				emergent circumstance when:
1. The overtime is
				required only as a last resort, and is not used to fill vacancies resulting from
				chronic short staffing; and
2. The
				employer has exhausted reasonable efforts to obtain staffing. However, exhaustion of
				reasonable efforts shall not be required in the event of any declared national,
				State or municipal emergency or a disaster or other catastrophic event which
				substantially affects or increases the need for health care services or causes the
				facility to activate its emergency or disaster plan.
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-8.6 - Records; dissemination of information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employer shall
				establish a system for keeping records of circumstances where employees are required
				to work in excess of an agreed to, predetermined and regularly scheduled daily work
				shift, or in excess of 40 hours per week. The records shall include, but not be
				limited to:
1. The employee's name and job
				title;
2. The name of the employee's
				work area or unit;
3. The date the
				overtime was worked, including start time;
4. The number of hours of overtime
				mandated;
5. The employee's daily work
				schedule for any week in which the employee is required to work excess
				time;
6. The reason why the overtime was
				necessary;
7. A description of the
				reasonable efforts that were exhausted prior to requiring overtime. This shall
				include:
i. The names of employees contacted to
				work voluntary overtime;
ii. A
				description of efforts to secure per diem staff; and
iii. A list of the temporary agencies contacted;
				and
8. The signature of
				individual authorizing the required mandatory overtime.
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-8.7 - Enforcement and administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Commissioner
				of Labor determines that a facility has violated provisions of this subchapter, the
				Commissioner of Labor may issue sanctions in accordance with the wage and hour
				regulations contained at N.J.A.C. 12:56.
(b) In cases where the State agency that licenses
				the facility and/or Department of Labor requests additional information from a
				facility concerning mandatory overtime usage, the facility shall comply with this
				request within 10 working days. The State agency that requested the information from
				the facility may, at its discretion, grant an extension to this time frame if the
				facility can demonstrate good cause. Failure to provide these records shall result
				in the issuance of administrative penalties in accordance with
				12:56-1.2 and
				8:43E-3.4(a)13.
(c) If the State agency that licenses a facility
				subject to this chapter determines through a survey or complaint investigation that
				the facility exhibits a pattern or practice of noncompliance with
				8:43E-8.5, that State agency shall
				notify the Department of Labor of the violation. The Department of Labor may also
				share with State agencies that license facilities subject to this chapter any
				information it develops on Statewide and facility-specific trends, such as number of
				mandatory overtime complaints filed; the number of complaints found to be valid; the
				number of enforcement actions appealed; and the number of enforcement actions
				upheld.
(d) In the event a facility
				licensed by the Department fails to develop and implement the required recordkeeping
				in accordance with
				8:43E-8.6 and the required policies and
				procedures in accordance with this section, the Department shall take enforcement
				action in accordance with the provisions of
				8:43E-3.4(a)13.
(e) Nothing in this subchapter shall be construed
				to relieve a facility of its obligation to comply with State licensure standards
				pertaining to minimum employee staffing levels.
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-8.8 - Policies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A facility shall
				develop, revise as necessary and implement policies and procedures for the purpose
				of training and educating staff on mandatory overtime. The policies and procedures
				shall include mandatory educational programs that address at least the following:
1. The conditions under which an employer can
				require mandatory overtime;
2. Overtime
				procedures;
3. Employee rights;
				and
4. Complaint procedures.
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-8.9 - Discharge or discrimination against an employee making a complaint

Current through Register Vol. 56, No. 14, July 15, 2024
An employer shall not discharge or in any other manner
				  discriminate against an employee because such employee has made any complaint to his
				  or her employer, including the employer's representative; to the Commissioner of
				  Labor; or to the State agency that licenses the facility where the employee works
				  that the employee has been required to work overtime in contravention to the
				  provisions of this chapter.
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-8.10 - Complaint system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employee covered
				by this subchapter shall have a right to file a complaint up to two years following
				the date of the assigned mandatory overtime if he or she believes the overtime was
				not in response to an unforeseen emergent circumstance, and/or required reasonable
				efforts were not exhausted, and/or he or she was not provided the allowed time to
				make arrangements for the care of family members. All such complaints shall be
				submitted to:
Labor Standards and Safety Enforcement Directorate
Division of Wage and Hour Compliance of the
Department of Labor
PO Box 389
Trenton, New Jersey 08625-0389
1. If requested, records of such reports shall be
				made available upon request to the Department or to the Department of Law and Public
				Safety or to the Department of Human Services.