New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 10:47-1.2 - 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.
"Abuse" means any act or omission that deprives an individual
				  of his or her rights or which has the potential to cause or causes actual
				  physical injury or emotional harm or distress. Examples of abuse include, but
				  are not limited to: acts that cause pain, cuts, bruises, loss of body function,
				  sexual abuse, temporary or permanent disfigurement, death; striking with a
				  closed or open hand; pushing to the ground or shoving aggressively; twisting a
				  limb; pulling hair; withholding food; forcing an individual to eat obnoxious
				  substances; use of verbal or other communication to curse, vilify, degrade an
				  individual or threaten with physical injury. Planned use of behavioral
				  intervention techniques which are part of an approved behavior modification
				  plan or Individual Habilitation Plan shall not be considered to be abuse or
				  neglect.
"Advance practice nurse," also known as a nurse practitioner
				  (see N.J.S.A. 45:11-46c ), is defined in
				  45:11-23, and may, in addition to
				  those tasks lawfully performed by a registered professional nurse, manage
				  specific common deviations from wellness and stabilized long term care
				  illnesses by initiating laboratory and other diagnostic tests and prescribing
				  certain medications and devices. (See
				  45:11-49.)
"Age appropriate" means that aspect of normalization that
				  reinforces recognition of an individual as a person of a certain chronological
				  age. This includes, but is not limited to, an individual's dress, behavior, use
				  of language, choice of leisure and recreation activities, personal possessions
				  and self-perception.
"Assessment" means the process of identifying a person's
				  developmental strengths and needs, and the conditions that impede and promote
				  development. There are two levels of assessment: screening and
				  evaluation.
"Aversive technique" means the presentation of stimuli or
				  conditions to decrease the frequency, intensity or duration of maladaptive
				  behavior by inducing distress, discomfort or pain, which may place the
				  individual at some degree of risk of physical and/or psychological
				  injury.
"Behavior disorder" means an abnormal action which may
				  interfere with the individual's activities of daily living.
"Behavior Management Committee" means a representative body
				  of individuals who have clinical expertise and individuals who have
				  administrative authority within the Division component or provider agency who
				  review behavior plans and who make a judgment as to whether or not the plans
				  are clinically/technically appropriate. Other behavior management issues may be
				  referred to this committee. The committee acts as an advisory body to the Chief
				  Executive Officer.
"Behavior objective" means one of a series of short range
				  steps which are developmentally sequenced and directed toward the achievement
				  of an established goal. Each behavioral objective specifies a single, learned
				  response to be exhibited by the individual and the criterion against which
				  progress is measured. The objective is developed and based upon knowledge of
				  assessed developmental strengths and needs.
"Chief executive officer" means the person having
				  administrative authority over, and responsibility for, a private residential
				  facility licensed under this chapter.
"Department" means the Department of Human Services.
"Developmental disability" means a severe, chronic disability
				  of a person which:
1. Is attributable to a mental or physical impairment or
				  combination of mental or physical impairments;
2. Is manifest before age 22;
3. Is likely to continue indefinitely;
4. Results in substantial functional limitations before the
				  age of 22 in three or more of the following areas of major life activity, that
				  is, self-care, receptive and expressive language, learning, mobility,
				  self-direction and capacity for independent living or economic
				  self-sufficiency; and
5. Reflects the need for a combination and sequence of
				  special interdisciplinary or generic care, treatment or other services which
				  are of lifelong or extended duration and are individually planned and
				  coordinated.
"Developmental disability" includes, but is not limited to,
				  severe disabilities attributable to mental retardation, autism, cerebral palsy,
				  epilepsy, spina bifida and other neurological impairments where the above
				  criteria are met.
"Director" means the Director of the Division of
				  Developmental Disabilities.
"Division" means the Division of Developmental
				  Disabilities.
"Exploitation" means any unjust or improper use of an
				  individual or his or her resources for one's profit, advantage, or
				  gratification.
"Goal" means a long range outcome. Goals are generally
				  expected to be achieved by an individual within one to five years; they are
				  stated in measurable terms so that their attainment can be determined. Goals
				  must be individually centered and written to reflect the intent and direction
				  of the Individual Habilitation Plan. Goals are broad in nature, realistic,
				  based upon assessed needs and capabilities and attained through the use of
				  behavioral and/or service objectives.
"Habilitation" means the process of providing those
				  comprehensive services that are deemed necessary to meet the needs of persons
				  who are developmentally disabled in programs designed to achieve objectives of
				  health, welfare and the realization of an individual's maximum physical,
				  social, psychological and vocational potential for useful and productive
				  activities. Habilitation services may include, but are not limited to, the
				  following:
1. Developing socially appropriate behaviors including sexual
				  behaviors and interpersonal skills, and eliminating maladaptive
				  behaviors;
2. Developing cognitive skills including, but not limited to,
				  recognizing personal danger, telling time, managing money, making change,
				  recognizing street and other signs, solving problems, etc.;
3. Developing recreation and leisure time skills;
4. Orienting to the community and training for mobility and
				  travel;
5. Developing or remediating communication skills;
6. Developing appropriate activities of daily living such as
				  grooming, dressing and self-care habits, such as toileting, eating and shaving;
				  and
7. Training in assertiveness, and advocacy in dealing with
				  citizenship, legal, family and/or social needs.
"Human Rights Committee" means a group comprised of
				  professionals, individuals served, advocates and/or interested persons from the
				  community at large who function as an advisory body to the CEO on issues
				  directly or indirectly affecting the rights of individuals served.
"Individual Habilitation Plan (IHP)" means a written plan of
				  intervention and action that is developed by the interdisciplinary team. It
				  specifies both the prioritized goals and objectives being pursued by each
				  individual and the steps being taken to achieve them. It may identify a
				  continuum of skill development that outlines progressive steps and the
				  anticipated outcomes of services. The IHP is a single plan that encompasses all
				  relevant components, such as an education plan, a behavior modification plan, a
				  program plan, a rehabilitation plan, a treatment plan and a health care plan.
				  The complexity of the IHP will vary according to the needs, capabilities and
				  desires of the person. In most instances, the IHP shall address all major needs
				  identified. The major needs shall be prioritized. For an individual who makes
				  only specific service requests, the IHP shall be a service plan which addresses
				  only those specific requests.
"Imminent danger" means a situation which could reasonably be
				  expected to cause a serious risk to the health, safety or welfare of an
				  individual receiving services.
"Individual with developmental disabilities" (individual,
				  person served) means that person with developmental disabilities residing in a
				  licensed private facility for the developmentally disabled.
"Informed consent" means a formal expression, oral or
				  written, of agreement with a proposed course of action by an individual who has
				  the capacity, the information and the ability to render voluntary agreement on
				  his or her own behalf or on behalf of another.
"Interdisciplinary Team (IDT)" means an individually
				  constituted group responsible for the development of a single, integrated IHP.
				  The team shall consist of the person receiving services, the legal guardian,
				  the parents or family member (if the adult desires that the parent or family
				  member be present), those persons who work most directly with the individual
				  served, and professionals and representatives of the service areas who are
				  relevant to the identification of the individual's needs and the design and
				  evaluation of programs to meet them.
"Investigation" means the systematic inquiry into the factors
				  which have contributed to an incident, allegation or complaint. An
				  investigation may range from a brief examination of records and statements to a
				  comprehensive collection and analysis of all pertinent evidence.
"Least restrictive" means a principle whereby the
				  interventions in the lives of persons with developmental disabilities are
				  carried out with a minimum of limitation, intrusion, disruption, or departure
				  from commonly accepted patterns of living.
"License" means the authorization issued by the New Jersey
				  Department of Human Services for a period of one year, to the legally
				  responsible person or entity in the facility providing residential services to
				  persons with developmental disabilities.
"Measurable" means there are established criteria which are
				  observable and can be quantified via a data collection system.
"Neglect" means the failure of the facility staff to provide
				  for or maintain the care and safety of individuals under his or her
				  supervision, including, but not limited to, failure to provide and maintain
				  proper and sufficient food, clothing, health care, shelter and/or
				  supervision.
"Normalization" means a principle of making available to the
				  persons receiving services the commonly accepted patterns and conditions of
				  everyday life.
"Physical restraint" means physical contact with an
				  individual, initiated by one or more staff members, which restricts freedom of
				  movement either partially or totally. Physical restraint as herein defined may
				  be implemented as:
1. A procedure intended to protect an individual from
				  inflicting injury upon himself or herself, staff or other individuals;
				  or
2. As a behavior reduction procedure intended to reduce the
				  frequency of a maladaptive behavior including, but not limited to, self
				  injurious or otherwise aggressive behavior.
"Pica" means the maladaptive behavior of ingesting inedible
				  substances or objects, including, but not limited to, soil, toys, or paint
				  chips.
"Psychoactive medication" means those chemical substances
				  which exert a direct effect upon the central nervous system and which are
				  utilized as part of a treatment plan to address psychiatric disorders, symptoms
				  of psychiatric disorders or to influence and modify behavior. Specifically, the
				  generic classes of psychoactive medication include, but are not limited
				  to:
1. Neuroleptics, such as chlorpromazine;
2. Anti-depressants, such as imipramine;
3. Agents for control of mania and depression, such as
				  lithium;
4. Sedatives, hypnotics to promote sleep, such as flurazepam
				  hydrochloride;
5. Psychomotor stimulants, such as methylphenidate
				  hydrochloride; and
6. Anti-convulsants, such as Carbamazepine.
"Regulated medical waste" means any solid waste generated in
				  the diagnosis, treatment, immunization of human beings or animals, research
				  pertaining thereto, or in the production or testing of biologicals listed in
				  the following: cultures or stocks; pathological wastes; human blood and blood
				  products; sharps; animal waste; isolation wastes; and unused sharps, in
				  accordance with N.J.A.C. 7:26-3A.
"Service objective" means a significant desired outcome that
				  cannot be achieved as a result of learning or training. It includes
				  quantifiable but non-behavioral outcomes such as seizure reduction or
				  maintenance of blood pressure within a stated range, and quality of life
				  outcomes such as developing and maintaining social networks. It also includes
				  outcomes dependent on the behavior of staff, such as provision of adaptive or
				  mobility equipment, obtaining specialized assessments, or referral for
				  alternative placement.
"Severe medical problem" means any acute or long term
				  condition which warrants frequent nursing care or monitoring, including, but
				  not limited to, nasogastric tube feedings, gastrostomy, colostomy,
				  tracheostomy, intravenous therapy, decubitus ulcer, quadriplegia and poorly
				  controlled diabetes.
"Unusual incident" means an event involving an individual
				  served by the Department or employee involving indications or allegations of
				  criminal actions, injury, negligence, exploitation, abuse, clinical
				  mismanagement or medical malpractice, a major unforeseen event, for example,
				  serious fire, explosion, power failure that presents a significant danger to
				  the safety or well being of individuals served and/or employees; or a
				  newsworthy incident.
"Vehicle operator" means a facility staff person utilizing a
				  facility owned or leased vehicle to transport individuals.
"Volunteer" means an unpaid person who supports and
				  supplements daily programs and services. A person may volunteer individually,
				  or as a member of an organized group.