N.J. Admin. Code § 8:43F-1.2
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.
N.J. Admin. Code § 8:43F-1.2
See: 36 N.J.R. 5240(a), 37 N.J.R. 385(a), 4931(a).
Rewrote definitions "Activities of daily living (ADL)," "Adult day health services facility," "Daily census," "Drug," "Family," "Interdisciplinary team," "Legally authorized representative," "License holder," "Licensed practical nurse," "Medical consultant," "Medical record," "Medical record practitioner," "Occupational therapist," "Pediatric day health services facility," "Pediatric day health services participant," "Pharmacist," "Physical therapist," "Physician," "Physician assistant," "Prescriber," "Prior authorization," "Progress note," "Registered professional nurse," "Respite," "Signature," "Social worker," "Speech-language pathologist" and "Transportation services"; added definitions "Acuity," "Advanced practice nurse," "Full-time equivalent," "Medication," "Medication administration," "Participant equivalent" and "Unlicensed assistive personnel"; deleted definitions "Adult day health services beneficiary," "Ancillary nurse personnel," "Beneficiary or eligible beneficiary," "Drug administration," "HIV medical day care center (HIVMDC)," "HIV medical day care participant," "Nurse practitioner/clinical nurse specialist," "Pediatric day health services beneficiary" and "Recipient"; rewrote term and definition "Adult Day Care Program for Victims of Alzheimer's Disease and Related Disorders" as "Adult Day Health Services Program for Victims of Alzheimer's Disease and Related Disorders."
Amended by R.2009 d.345, effective 11/16/2009 (operative April 1, 2010).
See: 40 N.J.R. 6266(a), 41 N.J.R. 4212(a).
Reorganized definition "Administration-adult day health services facility" alphabetically; deleted definitions "Adult day health services participant", "Pediatric day health services facility" and "Pediatric day health services participant"; in definition "Activities of daily living (ADL)", deleted the last sentence; in definition "Division", substituted "Health Facilities Evaluation and Licensing" for "Long Term Care Systems"; in definition "Medical consultant", deleted "or a pediatric" following "adult" and deleted the last sentence; added definition "Participant"; and in definition "Prior authorization", deleted "or pediatric" following "adult" and "N.J.A.C." preceding "8:43F-2.8".
Notice of readoption with technical change, effective 12/20/2021.
See: 53 N.J.R. 2204(a).