N.J. Admin. Code § 8:43G-12.6

Current through Register Vol. 56, No. 23, December 2, 2024
Section 8:43G-12.6 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Comes to the emergency department" means, with respect to an individual requesting examination or treatment by him or herself or with another person, that the individual is on hospital property (including ambulances owned and operated by the hospital even if the ambulance is not on hospital grounds). An individual in a nonhospital-owned ambulance on hospital property is considered to have come to the emergency department.

"Emergency department" means, an organized clinical department of the hospital which, at a minimum, evaluates and treats emergency medical conditions.

"Emergency medical condition" means:

1. A medical condition manifesting itself by acute symptoms or sufficient severity (including severe pain, psychiatric disturbances and/or symptoms of substance abuse) such that absence of immediate attention could reasonably be expected to result in:

i. Placing the health of the individual (or, with respect to a pregnant woman the health of the woman or her unborn child) in serious jeopardy;

ii. Serious impairment to bodily functions; or

iii. Serious dysfunction of a bodily organ or part; or

2. With respect to a pregnant woman who is having contractions:

i. That there is inadequate time to effect a safe transfer to another hospital before delivery; or

ii. That transfer may pose a threat to the health or safety of the woman or the unborn child.

"Medical screening examination" means an examination and evaluation within the capability of the hospital's emergency department, including ancillary services routinely available to the emergency department, performed by qualified medical personnel (as defined below and specified by hospital by-laws or policies and procedures) to determine whether or not an emergency medical condition exists.

"Qualified medical personnel" means a physician who meets the requirements at 8:43G-12.3, or an advanced practice nurse certified by the New Jersey State Board of Nursing, or a physician assistant licensed by the New Jersey State Board of Medical Examiners. The advanced practice nurse or licensed physician assistant shall have training and experience in emergency care.

"Stabilize" means to provide such medical treatment of an emergency medical condition that is necessary to assure within reasonable medical probability, that no material deterioration of the condition is likely to result from or occur during the transfer of the individual from a facility or that the woman has delivered the child and the placenta.

N.J. Admin. Code § 8:43G-12.6

New Rule, R.1999 d.436, effective 12/20/1999.
See: 31 New Jersey Register 367(a), 31 New Jersey Register 614(a), 31 New Jersey Register 4293(c).