New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43I - CRIMINAL BACKGROUND INVESTIGATIONS: NURSE AIDES, PERSONAL CARE ASSISTANTS AND ASSISTED LIVING ADMINISTRATORS › Subchapter 1 - GENERAL PROVISIONS › Section 8:43I-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:
"Applicant" means any person making application to the Department
				  for certification as a nurse aide, personal care assistant or assisted living
				  administrator, or any person seeking to renew a certificate as a certified nurse
				  aide, certified personal care assistant or certified assisted living
				  administrator.
"Assisted living administrator" means a person certified by the
				  Department pursuant to N.J.A.C. 8:36-1.5 to oversee the daily operations of an
				  assisted living program or residence as defined by
				  26:2H-7.1 5, but does not include a
				  person licensed as a licensed nursing home administrator pursuant to
				  30:11-20 et seq.
"Commissioner" means the Commissioner of Health and Senior
				  Services or his or her designee.
"Conditional certification" means a temporary certification of a
				  nurse aide, personal care assistant or assisted living administrator subject to the
				  scope and limitations established by this chapter.
"Criminal history record" means information obtained from, but not
				  limited to, the Division of State Police, the Federal Bureau of Investigation,
				  courts, law enforcement and correctional agencies, and other governmental agencies
				  pertaining to arrests and convictions for violation of any law.
"Criminal history record background check" means the information
				  obtained during an investigation of an applicant for certification including the
				  data described in the definition of "criminal history record" above.
"Criminal Investigation Unit" means a unit within the Department
				  charged with performing criminal history record background checks and performing the
				  tasks required of the Department by this chapter and State law.
"Department" means the New Jersey Department of Health and Senior
				  Services.
"Disqualified" means that an individual seeking certification
				  shall be barred from such certification. In the case of an individual seeking to
				  renew a certification, the person shall be barred from renewing such certification
				  which shall have the effect of revocation of such certification. In the case of an
				  individual who is currently certified and who is the subject of a conviction of any
				  disqualifying offense subsequent to their last criminal record history background
				  check, the term means revocation of any such certification.
"Disqualifying offense" means those offenses and crimes which
				  preclude an individual from certification or continued certification, as
				  specifically defined by this chapter.
"Elderly patient, resident or client" means any person, 60 years
				  of age or older, who is receiving care, treatment or services in or by any health
				  care facility utilizing any personnel covered by this chapter, in any aspect.
"Employer" means a health care facility utilizing any person in
				  the capacity of nurse aide, personal care assistant or assisted living
				  administrator.
"NATCEP" means a nurse aide training and competency evaluation
				  program approved by the Department.
"Nurse aide" means a person who has completed a mandatory training
				  program and is certified by the Department to perform such duties as required by
				  N.J.A.C. 8:39-43.
"PCATCEP" means a personal care assistant training and competency
				  evaluation program approved by the Department.
"Personal care assistant" means a person who has completed a
				  mandatory training program and is certified by the Department to provide care in an
				  assisted living residence or program, a comprehensive personal care home, or through
				  a program authorized by the Department's Community Care Programs.
"Qualified" means a person who has been determined to either have
				  no disqualifying convictions, or has been granted a determination of rehabilitation
				  in accordance with this chapter.
"Regular contact" means the provision of a service by persons to a
				  patient, resident, client or group of patients, residents or clients that involves
				  one or more of the following as part of the person's job description:
1. Coordination of, direct supervision of, or provision of
				  personal care, nursing or health related services;
2. Routine physical contact, such as hands-on physical
				  assistance;
3. Activity that requires the person, while providing personal
				  care, nursing, health related services, or hands-on physical assistance to be
				  routinely alone with patients, residents or clients and to routinely have access to
				  patients', residents', or clients' personal property; or
4. Any routine service or activity designated by the facility or
				  employer as regular contact. This may be through job descriptions, policy and
				  procedure or actual practice.
"Unsupervised contact" means any contact with an elderly patient,
				  resident or client that occurs without direct supervision by a person licensed,
				  certified or authorized to perform the duties required of the person.