New Jersey Administrative Code › Title 8 - HEALTH › Chapter 42C - HOSPICE LICENSING STANDARDS › Subchapter 1 - RULES IMPLEMENTING THE HEALTH CARE PROFESSIONAL RESPONSIBILITY AND REPORTING ENHANCEMENT ACT › Section 8:42C-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, as used in this
				chapter, and subject to (b) below, shall have the following meanings, unless the
				context clearly indicates otherwise:
"Advanced practice nurse" or "APN" means an individual who is
				  certified as an advanced practice nurse by the New Jersey Board of Nursing as
				  established at N.J.S.A. 45:11-23.
"Available" means:
1.
				Pertaining to equipment, ready for immediate use; and
2. Pertaining to personnel, capable of being
				reached.
"Bereavement services" means counseling services provided before
				  and after the patient's death.
"Certificate of Need and Healthcare Facility Licensure Program"
				  means the health care facility licensing unit within the Division of Certificate of
				  Need and Licensing of the Health Systems Branch of the Department, for which the
				  contact information is Certificate of Need and Healthcare Facility Licensure
				  Program, Division of Certificate of Need and Licensing, NJ Department of Health, PO
				  Box 358, Trenton, NJ 08625-0358, telephone: (609) 292-5960.
"Cleaning" means the removal by scrubbing and washing, as with hot
				  water, soap or detergent, and vacuuming, of infectious agents and/or organic matter
				  from surfaces on which and in which infectious agents may find conditions for
				  surviving or multiplying.
"Commissioner" means the Commissioner of the New Jersey Department
				  of Health, or his or her designee.
"Communicable disease" means an illness due to a specific
				  infectious agent or its toxic products, which occurs through transmission of that
				  agent or its products from a reservoir to a susceptible host.
"Community health nursing" means a synthesis of nursing practice
				  and public health practice applied to promoting and preserving the health of
				  populations.
"Conspicuously posted" means placed at a location within the
				  facility accessible to and seen by patients and the public.
"Contamination" means the presence of an infectious or toxic agent
				  in the air, on a body surface, or on or in clothes, bedding, instruments, dressings,
				  or other inanimate articles or substances, including water, milk, and food.
"Core services" means nursing services, medical social services
				  and counseling services routinely provided directly by hospice employees.
"Current" means up-to-date.
"Department" means the New Jersey Department of Health.
"Director of Nursing" means a registered professional nurse who
				  has at least one of the following qualifications:
1. A master's degree in nursing or a health
				related field and two years combined public/community health nursing and progressive
				management experience in public health nursing; or
2. A bachelor of science degree in nursing or a
				health related field and three years combined public/community health nursing and
				progressive management experience in public health nursing.
"Disinfection" means the killing of infectious agents outside the
				  body, or organisms transmitting such agents, by chemical and physical means,
				  directly applied. The term "disinfection" includes concurrent disinfection; that is,
				  the application of measures of disinfection as soon as possible after the discharge
				  of infectious material from the body of an infected person, or after the soiling of
				  articles with such infectious discharges, all personal contact with such discharges
				  or articles being minimized prior to such disinfection.
The term "disinfection" also includes post disinfection, which is
				  the application of measures of disinfection after the patient has ceased to be a
				  source of infection.
"Documented" means written, signed, and dated.
"Drug administration" means a procedure in which a prescribed drug
				  or biological is given to a patient by an authorized person in accordance with all
				  laws and rules governing such procedures including all of the following: removing an
				  individual dose from a previously dispensed, properly labeled container (including a
				  unit dose container); verifying it with the prescriber's orders; giving the
				  individual dose to the patient; seeing that the patient takes it (if oral); and
				  recording the name and strength of the drug, date and time of administration, dosage
				  administered, method of administration, and signature of the person administering
				  the drug.
"Family" means persons related by blood, marriage, domestic
				  partnership, or civil union.
"Full-time" means a time period established by the facility as a
				  full working week, which is defined and specified within the facility's policies and
				  procedures.
"Hand-Hygiene Guideline" means the "Guideline for Hand Hygiene in
				  Health-Care Settings: Recommendations of the Healthcare Infection Control Practices
				  Advisory Committee and the HICPAC/SHEA/APIC/IDSA Hand Hygiene Task Force," Centers
				  for Disease Control and Prevention, MMWR 2002, Volume 51, No. RR-16, 1-48,
				  incorporated herein by reference, as amended and supplemented.
"Hospice" means a program that the Department licenses to provide
				  palliative services, including medical, nursing, social work, volunteer, and
				  counseling services, to terminally ill patients in their homes, at their places of
				  residence, or at inpatient hospice care units.
"Homemaker-home health aide" means a person who has completed a
				  training program approved by the New Jersey Board of Nursing and who is so certified
				  by that Board in accordance with N.J.S.A. 45:11-23 et seq. and N.J.A.C.
				  13:37.
"Hours of operation" means normal business hours, during which the
				  agency is open for business.
"Inpatient hospice care provider" means an entity that is:
1. Licensed to operate an inpatient hospice care
				unit in accordance with
				N.J.A.C.
				8:42C-11; and
2. Certified by the Centers for Medicare and
				Medicaid Services as a hospice provider that meets the requirements for
				participation at 42 CFR
				418.110.
"Inspection" means a survey, inspection, investigation, or other
				  regulatory oversight activity necessary for the Department to carry out an
				  obligation imposed by applicable State licensing rules and statutes and/or Federal
				  Medicare and/or Medicaid certification regulations and/or statutes, including any
				  on-site visit to a hospice by Department staff to determine a hospice's compliance
				  with applicable State licensing rules and statutes and/or Federal Medicare and/or
				  Medicaid certification regulations or statutes.
"Interdisciplinary plan of care" means a written plan of care
				  established for each individual admitted to a hospice program by the attending
				  physician, the medical director or physician designee or APN and interdisciplinary
				  team prior to providing care, including reviews and updates, at intervals specified
				  in the plan.
"Job description" means written specifications developed for each
				  position in the facility, containing the qualifications, duties, competencies,
				  responsibilities, and accountability required of employees in that position.
"Licensed nursing personnel" (licensed nurse) means registered
				  professional nurses and practical (vocational) nurses licensed by the New Jersey
				  State Board of Nursing in accordance with
				  N.J.S.A.
				  45:11-23 et seq. and N.J.A.C. 13:37.
"Licensed practical nurse" means a person who is so licensed by
				  the New Jersey State Board of Nursing in accordance with
				  N.J.S.A.
				  45:11-23 et seq. and N.J.A.C. 13:37.
"Medical director" means a licensed doctor of medicine or
				  osteopathy who is designated by the hospice as having overall responsibility for the
				  medical component of the hospice program of care.
"Medication" means a drug or medicine as defined by the New Jersey
				  State Board of Pharmacy.
"Monitor" means to observe, watch, or check.
"Nursing supervisor" means a registered professional nurse who has
				  at least one of the following qualifications:
1. A bachelor of science degree in nursing and two
				years combined public health nursing and progressive professional responsibilities
				in public health nursing; or
2. Three
				years combined public health nursing and progressive professional responsibilities
				in public health nursing.
"Occupational therapist" means a person who is certified or
				  eligible for certification as an "Occupational Therapist, Registered" (OTR) by the
				  American Occupational Therapy Association, and has at least one year of experience
				  as an occupational therapist.
"Office of Assessment and Survey" means the survey and inspections
				  unit within the Division of Health Facility Survey and Field Operations of the
				  Health Systems Branch of the Department for which the contact information is:
1. Mailing address: Office of Assessment and
				Survey, Division of Health Facility Survey and Field Operations, Health Systems
				Branch, Department of Health, PO Box 367, Trenton, NJ 08625-0367; and
2. Telephone number: (609) 292-9900.
"Palliative care" means treatment that enhances comfort and
				  improves the quality of the patient's life.
"Patient and family" means the unit of care for hospice and for
				  care provided through the Medicare Hospice Benefit.
"Physical therapist" means a person who is so licensed by the
				  State Board of Physical Therapy Examiners in accordance with N.J.S.A. 45:9-37.11 et
				  seq., and N.J.A.C. 13:39A.
"Physician" means a person who is licensed or authorized by the
				  State Board of Medical Examiners to practice medicine in the State of New Jersey in
				  accordance with N.J.S.A. 45:9-1 et seq., and N.J.A.C. 13:35.
"Plan of care" means a written plan established and authorized in
				  writing by the physician or advanced practice nurse based on an evaluation of the
				  patient's immediate and long-term needs.
"Progress note" means a written, signed, and dated notation in the
				  medical record by the practitioner providing care and the patient's response to it,
				  within 48 hours of care provision.
"Public health nursing" means a branch of nursing practice which
				  has as its goals health promotion, health maintenance, primary prevention, health
				  education and management, coordination of health care services, and continuity of
				  care through the provision of health care to individuals, families, and groups in
				  the community, as accomplished through activities which include, but are not limited
				  to: making home visits to assess, plan for, and provide nursing services; providing
				  instruction and direct nursing services in community health agencies; teaching
				  subjects related to individual and community welfare; and coordinating services with
				  other community agencies.
"Registered professional nurse" means a person who is so licensed
				  by the New Jersey Board of Nursing in accordance with
				  N.J.S.A.
				  45:11-23 et seq., and N.J.A.C. 13:37.
"Restraint" means:
1.
				Devices, materials or equipment that are attached or adjacent to a person and that
				prevent free bodily movement to a position of choice; and/or
2. A drug or medication when it is used as a
				restriction to manage a patient's behavior or restrict a patient's freedom of
				movement and when it is not a standard treatment or dosage for the patient's
				condition.
"Signature" means at least the first initial and full surname and
				  title (for example, R.N., L.P.N., D.D.S., M.D.) of a person, legibly written either
				  with his or her own hand, generated by computer with authorization safeguards, or
				  communicated by a facsimile communications system (Fax).
"Social worker" means a person whom:
1. The State Board of Social Work Examiners
				licenses as a Licensed Social Worker or a Licensed Clinical Social Worker pursuant
				to N.J.A.C. 13:44G; and
2. Has either:
i. Nine hundred hours of social work experience in
				a health care setting as part of the master's degree curriculum of a social work
				internship; or
ii. One year of social
				work experience in a health care setting after licensure as a social
				worker.
"Speech-language pathologist" means a person who is so licensed by
				  the Director of the Division of Consumer Affairs of the New Jersey Department of Law
				  and Public Safety in accordance with
				  N.J.S.A.
				  45:3B-1 et seq., and N.J.A.C. 13:44C.
"Spiritual care" means spiritual counseling in keeping with the
				  belief system of the patient and family.
"Staff education plan" means a written plan developed annually, or
				  more frequently and implemented throughout the year which describes a coordinated
				  program for staff education for each service, including in-service programs and
				  on-the-job training.
"Staff orientation plan" means a written plan for the orientation
				  of each new employee to the duties and responsibilities of the service to which he
				  or she has been assigned, as well as to the personnel policies of the
				  facility.
"Sterilization" means a process of destroying all microorganisms,
				  including those bearing spores, in, on, and around an object.
"Supervision" means authoritative procedural guidance by a
				  qualified person for the accomplishment of a function or activity within his or her
				  sphere of competence, with initial direction and periodic on-site inspection of the
				  actual act of accomplishing the function or activity.
"Unit" means an inpatient hospice care unit that is operated by a
				  licensed inpatient hospice care provider in accordance with
				  N.J.A.C.
				  8:42C-11.
"Unit manager" means a registered professional nurse who is
				  designated to supervise the unit in the absence of the unit administrator.
"Volunteer" means a person trained by a hospice who serves a
				  hospice program without monetary compensation.