New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43F - STANDARDS FOR LICENSURE OF ADULT DAY HEALTH SERVICES FACILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 8:43F-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:
"Activities of daily living (ADL)" means the functions or tasks
				  for self-care, which are performed either independently or with supervision or
				  assistance. Activities of daily living include dressing, bathing, toilet use,
				  transfer, locomotion, bed mobility and eating.
"Acuity" means the severity of the medical or healthcare needs of
				  a participant.
"Administration-adult day health services facility" means an
				  identifiable administrative unit within the adult day health services headed by a
				  director/administrator, responsible for the overall conduct of all adult day health
				  service program activities.
"Adult day health services facility" means a facility or a
				  distinct part of a facility which is licensed by the New Jersey Department of Health
				  to provide preventive, diagnostic, therapeutic, and rehabilitative services under
				  medical and nursing supervision to meet the needs of functionally impaired adult
				  participants who are not related to the members of the governing authority by
				  marriage, blood, or adoption. Adult day health services facilities provide services
				  to participants for a period of time, which does not exceed 12 hours during any
				  calendar day.
"Adult Day Health Services Program for Victims of Alzheimer's
				  Disease and Related Disorders" means a program administered by the New Jersey
				  Department of Health and Senior Services that provides services to individuals who
				  have been diagnosed by a physician as having Alzheimer's disease or a related
				  disorder such as Huntington's disease, Parkinson's disease with dementia,
				  Creutzfeldt-Jakob disease, or Pick's disease.
"Advanced practice nurse" means an individual certified by the New
				  Jersey Board of Nursing, Division of Consumer Affairs of the New Jersey Department
				  of Law and Public Safety, in accordance with N.J.A.C. 13:37-7.
"Available" means ready for immediate use (pertaining to
				  equipment) or capable of being reached (pertaining to personnel), unless otherwise
				  defined.
"Bylaws" means a set of rules adopted by the facility for
				  governing its operation. A charter, articles of incorporation, and/or a statement of
				  policies and objectives are acceptable as equivalents.
"Clinical note" means an event-triggered note, written, signed,
				  and dated, when significant physical, emotional, mental, behavioral or social
				  changes occur to the participant, when problems arise and/or services are provided
				  on an intensive basis. The clinical note shall include a description of signs,
				  symptoms, treatments, services and the participant's reactions. Clinical notes are
				  written into the participant's medical record the day service is provided.
"Commissioner" means the Commissioner of the New Jersey Department
				  of Health.
"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.
"Conspicuously posted" means placed at a location within the
				  facility accessible to and seen by participants 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.
"Controlled Dangerous Substances Acts" means the Comprehensive
				  Drug Abuse Prevention and Control Act of 1970 (Title II, Public Law 91-513 ) and the
				  New Jersey Controlled Dangerous Substances Act,
				  N.J.S.A. 24:21-1et
				  seq.
"Daily census" means the number of participant equivalents who,
				  during any calendar day, receive services in the facility.
"Deficiency" means a determination by the New Jersey Department of
				  Health and Senior Services that a facility is not in compliance with an applicable
				  State licensing requirement and/or Federal requirement.
"Department" means the New Jersey Department of Health.
"Dietitian" means a person who is registered or eligible for
				  registration by the Commission on Dietetic Registration (Office on Dietetic
				  Credentialing).
"Division" means the Division of Certificate of Need and Licensing
				  within the New Jersey Department of Health for which the contact information is
				  Division of Certificate of Need and Licensing, PO Box 358, Trenton, NJ
				  08625-0358.
"Documented" means written, signed, and dated.
"Drug" means a substance as defined in the New Jersey State Board
				  of Pharmacy Rules, 13:39-1.2. The word "medication" is used interchangeably with the
				  word "drug" in this chapter.
"Epidemic" means the occurrence in a facility of one or more cases
				  of an illness in excess of normal expectancy for that illness, derived from a common
				  or propagated source.
"Family" means individuals who are related by blood, marriage, or
				  commitment.
"Full-time" means relating to a time period of not less than 35
				  hours, established by the facility as a full working week, as defined and specified
				  in the facility's policies and procedures.
"Full-time equivalent," for the purposes of this chapter, 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.
"Health care facility" means a facility so defined in 26:2H-1 et
				  seq.
"Interdisciplinary team" means those individuals, representing
				  different professions, disciplines, and services, who work together to provide an
				  integrated program of care to the participant.
"Job description" means written specifications developed for each
				  position in the facility, containing the qualifications, duties and
				  responsibilities, and accountability required of employees in that position.
"Legally authorized representative" means an individual or entity
				  who is empowered by law, judicial order, power of attorney or otherwise to make
				  decisions on behalf of the participant, and includes a participant's spouse or
				  immediate next of kin.
"License holder" means the individual or entity that has legal
				  ownership and responsibility for all operations and management of the
				  facility.
"Licensed nursing personnel" (licensed nurse) means registered
				  professional nurses or practical nurses licensed by the New Jersey Board of Nursing,
				  Division of Consumer Affairs of the New Jersey Department of Law and Public Safety
				  pursuant to N.J.A.C. 13:37-2.
"Licensed practical nurse" (LPN) means an individual who is
				  licensed by the New Jersey Board of Nursing, Division of Consumer Affairs of the New
				  Jersey Department of Law and Public Safety pursuant to N.J.A.C. 13:37-2.
"Medical consultant" means a facility's designated physician, who
				  is licensed to practice medicine in the State of New Jersey, and who is responsible
				  for assisting in and reviewing the provision of medical services to the participants
				  of an adult day health services facility, in accordance with N.J.A.C.
				  8:43F-8.
"Medical record" means all records, including radiological films,
				  in the facility pertaining to the participant and maintained in accordance with
				  8:43F-15.1(c).
"Medical record practitioner" means an individual who is certified
				  or eligible for certification as a registered record administrator (RRA) or an
				  accredited record technician (ART) by the American Health Information Management
				  Association (American Health Information Management Association, 919 N. Michigan
				  Ave., Suite 1400, Chicago, Il 60611); or is a graduate of a program in medical
				  record science accredited by the Committee on Allied Health Education and
				  Accreditation of the American Medical Association in collaboration with the Council
				  on Education of the American Health Information Management Association (American
				  Health Information Management Association, 919 N. Michigan Ave, Suite 1400 Chicago,
				  IL 60611).
"Medication," for the purposes of this chapter, is used
				  interchangeably with the term "drug." Please see the definition of "drug" in this
				  chapter.
"Medication administration" means a procedure in which a
				  prescribed medication is given to a participant by an authorized person in
				  accordance with all laws and rules governing such procedures. The complete procedure
				  of administration includes 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 participant, seeing that the
				  participant takes it, and recording the required information, including the method
				  of administration.
"Monitor" means to observe, watch, or check.
"Nosocomial infection" means an infection acquired by a
				  participant while in the facility.
"Occupational therapist" means an individual who is licensed, or
				  eligible for licensure, by the New Jersey Occupational Therapy Advisory Council,
				  Division of Consumer Affairs of the New Jersey Department of Law and Public Safety,
				  in accordance with N.J.A.C. 13:44K.
"Parti cipant" means a person who participates in a program of
				  services from a licensed adult day health services facility.
"Parti cipant equivalent," for the purposes of this chapter, means
				  a combination of two or more participants who each attend an adult day health
				  services facility for less than five hours on any given day, and who together
				  receive a combined total of five hours of services on that day. For example, two
				  participants each receiving 2.5 hours of service constitute one participant
				  equivalent.
"Pharmacist" means an individual who is so 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 so 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 or authorized by
				  the New Jersey State Board of Medical Examiners, Division of Consumer Affairs of the
				  New Jersey Department of Law and Public Safety to practice medicine in the State of
				  New Jersey, pursuant to N.J.A.C. 13:35.
"Physician assistant" means an individual who is so licensed by
				  the New Jersey State Board of Medical Examiners, pursuant to N.J.S.A. 45:9-27.10 et
				  seq.
"Prescriber" means an individual who is authorized to write
				  prescriptions in accordance with Federal and State laws.
"Prior authorization" means the approval process of eligible
				  Medicaid participants by the Department prior to the provision of adult day health
				  services, in accordance with
				  N.J.A.C.
				  8:86-1.5 and
				  10:164-1.5.
"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 participant's response to
				  it.
"Registered professional nurse" (RN) means a person who is
				  licensed by the New Jersey Board of Nursing, Division of Consumer Affairs of the New
				  Jersey Department of Law and Public Safety pursuant to N.J.A.C. 13:37-2.
"Respite" or "respite care" means the provision of temporary,
				  short-term care for, or the supervision of, an eligible person on behalf of the
				  caregiver in emergencies or on an intermittent basis to relieve the daily stress and
				  demands of caring for a functionally impaired adult. Respite may be provided hourly,
				  daily, overnight, or on weekends and may be provided by paid or volunteer staff. The
				  term includes, but is not limited to, companion or sitter services, homemaker and
				  personal care services, assisted living services, adult day health services,
				  short-term inpatient care in a licensed nursing facility, residential health care
				  facility or overnight camp program, private duty nursing and peer support and
				  training for care givers.
"Restraint" means a physical device or chemical (drug) used to
				  limit, restrict, or control participants' movements.
"Self administration" means a procedure in which any medication is
				  taken orally, injected, inserted, or topically or otherwise administered by a
				  participant to himself or herself.
"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 with his or her own hand. A controlled electronic signature
				  system may be used.
"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, Division of Consumer Affairs of the New Jersey Department of Law
				  and Public Safety pursuant to N.J.A.C. 13:44C.
"Staff education plan" means a written plan that 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 the
				  employee 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.
"Transportation services" means the conveying of participants who
				  require transportation between the facility and the participant's home, and between
				  the facility and off-site physical or occupational therapy or speech-language
				  pathology services, either directly or through contractual arrangements, in
				  accordance with N.J.A.C. 8:43F-17 and
				  8:86-1.4.
"Unlicensed assistive personnel" means unlicensed individuals
				  (formerly known as "ancillary nursing personnel") to whom selective nursing tasks
				  are delegated.
"Volunteer" means a person who gives his or her time and services
				  regularly without remuneration.