New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43J - STANDARDS FOR LICENSURE OF PEDIATRIC MEDICAL DAY CARE FACILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 8:43J-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall
				  have the following meanings, unless the context clearly indicates otherwise:
"Academy of Nutrition and Dietetics" means the entity by that
				  name for which the contact information is Academy of Nutrition and Dietetics, 120
				  South Riverside Plaza, Suite 2000, Chicago, Illinois 60606-6995, website
www.eatright.org
, and telephone (800) 877-1600
				  or (312) 899-0040.
"Advanced practice nurse" means an individual certified by the
				  New Jersey State Board of Nursing in accordance with N.J.S.A. 45:11-23 et
				  seq.
"American Academy of Pediatrics" means the entity by that name
				  for which the contact information is American Academy of Pediatrics, 141 Northwest
				  Point Boulevard, Elk Grove Village, IL 60007-1098, (847) 434-4000,
www.aap.org
.
"American College of Emergency Physicians" means the entity by
				  that name for which the contact information is American College of Emergency
				  Physicians, P.O. Box 619911, Dallas, TX 75261-9911, (800) 798-1822,
www.acep.org
.
"American Heart Association" means the entity by that name for
				  which the contact information is American Heart Association National Center, 7272
				  Greenville Avenue, Dallas, TX 75231, (800) AHA-USA-1,
www.americanheart.org
.
"Child" means an individual aged birth through the last day prior
				  to his or her sixth birthday.
"Child life specialist" means:
1. An individual who holds the Certified Child Life Specialist
				  credential issued by the Child Life Council, Inc., which can be contacted at 11820
				  Parklawn Dr., Suite 240, Rockville, MD 20852-2529, (301) 881-7090,
www.childlife.org
; or
2. Until November 16, 2012, an individual who meets the
				  educational eligibility requirements for certification as a Certified Child Life
				  Specialist by the Child Life Council, Inc., and who has at least one year of
				  full-time experience working with children in a health care or educational
				  setting.
"Class III medical device" means a medical device that the FDA
				  has categorized as "class III" as defined at
				  21 CFR
				  860.3.
"Consultant pharmacist" means a pharmacist who has formalized his
				  or her training in pediatric pharmacy through:
1. One year of experience in the full-time practice of pharmacy in
				  a licensed pediatric healthcare facility; and
2. At least 10 hours of continuing education in pediatric pharmacy
				  in his or her last renewal cycle for licensure as a pharmacist.
"Daily census" means the number of children who, during any
				  calendar day, receive services in a facility.
"Department" means the New Jersey Department of Health.
"Device" means a device as that term is defined at Section 201(h)
				  of the Federal Food, Drug and Cosmetic Act,
				  21 U.S.C. §
										321(h).
"Direct care staff" means employees of a facility who provide
				  care to children in the facility under the supervision of the nursing
				  director.
"Division of Health Facility Survey and Field Operations" means
				  the division by that name within the Health Systems Branch of the Department, for
				  which the contact information is Division of Health Facility Survey and Field
				  Operations, New Jersey Department of Health, PO Box 367, Trenton, NJ 08625-0367, and
				  telephone: (800) 792-9770.
"Drug" or "medication" means a substance as defined in the New
				  Jersey State Board of Pharmacy Rules,
				  N.J.A.C. 13:39-1.2.
"Emergency Nurses Association" means the entity by that name for
				  which the contact information is Emergency Nurses Association, 915 Lee Street, Des
				  Plaines, IL 60016-6569, (800) 900-9659,
www.ena.org
.
"Facility" means a pediatric medical day care facility.
"Family" means individuals who are related by blood, marriage,
				  civil union, domestic partnership or a legal process.
"Full-time equivalent" means any combination of staff who work
				  part-time on any given day and together provide the same number of working hours as
				  one full-time staff person.
"Initial plan of care" means a care plan based on an initial
				  assessment completed prior to or the day of admission that guides a child's care
				  until an interdisciplinary plan of care is completed.
"Interdisciplinary plan of care" means an individualized
				  comprehensive plan of medical, nursing, psychosocial, developmental and educational
				  therapies that specifies the goals to be achieved, discharge planning and the
				  disposition to be followed in the event of emergency situations.
"Interdisciplinary team" means those individuals representing
				  different professions, disciplines and services who work together to provide an
				  integrated program of care to a child.
"Licensed nurse" means a registered professional nurse and/or a
				  licensed practical nurse.
"Licensed nursing staff" means registered professional nurses
				  and/or licensed practical nurses under the employ of a facility.
"Licensed practical nurse" or "LPN" means an individual who is
				  licensed by the New Jersey State Board of Nursing pursuant to N.J.S.A.
				  45:11-27.
"Medicaid" means medical assistance provided under a State plan
				  approved under Title XIX of the Social Security Act or otherwise authorized under
				  Title XIX or Title XXI of the Social Security Act, including Medicaid Waiver
				  programs authorized under §§ 1115 and/or 1915 of the Social Security
				  Act.
"Medicaid beneficiary" means a child who has been determined by
				  the County Board of Social Services to be financially eligible to participate in
				  Medicaid.
"Medical director" means a physician certified by the American
				  Board of Pediatrics who serves as liaison between a pediatric medical day care
				  facility and the medical community, reviews the quality and appropriateness of
				  pediatric medical day care facility policies and services, and is available for
				  consultation to the pediatric medical day care facility staff.
"Medical record" means all records in a facility pertaining to a
				  child and maintained in accordance with this chapter.
"Medically complex child" means a child who exhibits a severity
				  of illness that requires ongoing skilled nursing intervention.
"Medication administration" means a procedure in which a
				  prescribed medication is given to a child by an authorized person in accordance with
				  all laws and rules governing such procedures.
"National Academy of Sciences" means the entity by that name for
				  which the contact information is National Academy of Sciences, 500 Fifth St. NW,
				  Washington, DC 20001, (202) 334-2000,
www.nationalacademies.org
.
"Neonatal intensive care unit" or "NICU" means a unit that
				  provides "neonatal intensive care" as that term is defined at
				  N.J.A.C. 8:33C-1.2.
"Occupational therapist" means an individual who is licensed by
				  the New Jersey Occupational Therapy Advisory Council in accordance with N.J.S.A.
				  45:9-37.51.
"Office of Certificate of Need and Healthcare Facility Licensure"
				  means the health care facility licensing unit within the Division of Certificate of
				  Need and Licensing of the Health Systems Branch of the Department, for which the
				  contact information is Office of Certificate of Need and Healthcare Facility
				  Licensure, Division of Certificate of Need and Licensing, Department of Health, PO
				  Box 358, Trenton, NJ 08625-0358, (609) 292-5960, website address for forms:
www.nj.gov/health/forms
.
"Ongoing" means 24 hours per day, seven days per week.
"Parent" means:
1. A biological or adoptive parent;
2. A foster parent of a child, pursuant to the definition of a
				  "resource parent," as defined at
				  N.J.A.C.
				  10:121-1.1;
3. A guardian generally authorized to act as the child's parent
				  (but not the State if the child is a ward of the State);
4. An individual acting in the place of a biological or adoptive
				  parent (including a grandparent, stepparent, or other relative) with whom the child
				  lives, or an individual who is legally responsible for the child's welfare;
5. An individual appointed by a court having jurisdiction over the
				  child, pursuant to
				  34 CFR
				  300.30(b)(2); or
6. A surrogate parent assigned pursuant to N.J.A.C. 8:17-5.
"Pediatric intensive care unit" means a unit licensed under
				  N.J.A.C. 8:43G-22.
"Pediatric medical day care" or "PMDC" means a health care
				  service designed to meet the medical, developmental, educational, nutritional and
				  psycho-social needs of medically complex and/or technology-dependent children whose
				  medical condition requires treatment and services beyond the scope provided to
				  children with special health care needs by day care centers or preschool
				  programs.
"Pediatric medical day care facility" or "PMDC facility" means a
				  pediatric day health care facility as specified at
				  N.J.S.A.
				  26:2H-7a.
"Pharmacist" means an individual who is licensed by the New
				  Jersey State Board of Pharmacy, pursuant to N.J.A.C. 13:39-3.
"Physical therapist" means an individual who is licensed by the
				  New Jersey State Board of Physical Therapy Examiners, pursuant to
				  N.J.S.A. 45:9-37.11 et
				  seq.
"Physician" means an individual who is licensed by the New Jersey
				  State Board of Medical Examiners to practice medicine in the State of New Jersey,
				  pursuant to
				  N.J.S.A.
				  45:9-1 et seq.
"Prescriber" means an individual who is authorized to write
				  prescriptions in accordance with Federal and State laws.
"Primary health care provider" means a child's physician or
				  advanced practice nurse who provides ongoing medical care, maintains responsibility
				  for the child's overall therapeutic plan, and is available for consultation and
				  collaboration with the pediatric medical day care facility staff.
"Progress note" means a written, signed, and dated notation or,
				  if a computerized medical records system is used, an authenticated electronic
				  notation, summarizing information about care provided and the child's response to
				  it.
"Registered dietitian" means an individual so credentialed by the
				  Academy of Nutrition and Dietetics.
"Registered professional nurse" or "R.N." means a person who is
				  licensed as such by the New Jersey State Board of Nursing, pursuant to
				  N.J.S.A.
				  45:11-26.
"Rehabilitation services" means physical therapy, occupational
				  therapy, and speech-language pathology services.
"Schedule II controlled substance" means a substance so defined
				  pursuant to
				  N.J.S.A. 24:21-6.
"Signature" means, at a minimum, the first initial and full
				  surname and title (for example, R.N., A.P.N., P.A., L.P.N., D.D.S., M.D., D.O.) of a
				  person, legibly written in his or her own hand, or by means of a controlled
				  electronic signature system.
"Skilled nursing intervention" means care that requires the
				  knowledge and experience of licensed nursing staff or a specially trained primary
				  caregiver able to meet the specific needs of the child in the child's home.
"Slots" means the number of children for which a facility is
				  licensed to provide services.
"Social worker" means an individual who is certified or licensed
				  by the New Jersey State Board of Social Work Examiners, pursuant to N.J.S.A.
				  45:15BB-1 et seq.
"Speech-language pathologist" means an individual who holds a
				  current New Jersey license issued by the Audiology and Speech-Language Pathology
				  Advisory Committee of the Division of Consumer Affairs of the New Jersey Department
				  of Law and Public Safety, pursuant to
				  N.J.S.A.
				  45:3B-1 et seq.
"Technology-dependent child" means a child who requires a
				  specific class III medical device to compensate for the loss of a vital body
				  function to avert death or further disability and ongoing skilled nursing
				  intervention in the use of the device.
"Toddler" means a child less than three years of age who has not
				  mastered independent ambulation.
"Transportation services" means the conveying of children who
				  require transportation between the facility and the child's home, either directly or
				  through contractual arrangements, in accordance with N.J.A.C. 8:43J-16.
"Unlicensed assistive personnel" means unlicensed individuals to
				  whom selected nursing tasks are delegated.