N.J. Admin. Code § 8:37-1.2

Current through Register Vol. 56, No. 11, June 3, 2024
Section 8:37-1.2 - Definitions
(a) The following words and terms are defined in the Dementia Care Home Act at P.L. 2015, c. 125, §17 (N.J.S.A. 26:25-148) and are used in this chapter as defined in the Act:

"Alzheimer's disease and related disorders";

"Commissioner";

"Department";

"Dementia"; and

"Dementia care home."

(b) The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Act" means the Dementia Care Home Act, N.J.S.A. 26:2H-148 et seq., P.L. 2023, c. 125, which is legislation that was enacted on November 9, 2015, that provides for the licensure of dementia care homes by the Department.

"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.

"Administrator" means an individual designated by the licensee who is responsible for the overall day-to-day operations of the dementia care home.

"Advanced practice nurse" means an individual who is certified by the New Jersey State Board of Nursing in accordance with N.J.S.A. 45:11-23 et seq.

"Assistance with transfer" means providing the physical assistance of no more than two facility staff while the resident moves between bed and a standing position or between bed, chair, or wheelchair.

"Certificate of Need and Healthcare Facility Licensure Program" means the health care facility licensing unit within the Division of Certificate of Need and Licensing of the Health Systems Branch of the Department, for which the contact information is Certificate of Need and Healthcare Facility Licensure Program, Division of Certificate of Need and Licensing, Department of Health, PO Box 358, Trenton, NJ 08625-0358, (609) 292-5960, facsimile number (609) 826-3745, and website address for forms www.nj.gov/health/forms.

"Cohorting" means the practice of grouping patients who are or are not colonized or infected with the same organism to confine their care to one area and prevent contact with other patients.

"Facility" means a dementia care home licensed pursuant to this chapter.

"Fuel-burning appliance" means a device or apparatus that is designed to utilize natural gas, manufactured gas, mixed gas, liquefied petroleum products, solid fuel, oil, or any gas as a fuel for heating, cooling, hot water, cooking, generating light, or power or for aesthetics.

"Garbage" means organic waste resulting from the preparation and consumption of food.

"Habitable room" means a residential room or space in which the ordinary functions of domestic life are carried on, including bedrooms, living rooms, studies, recreation rooms, kitchens, dining rooms, and other similar spaces, but excluding closets, halls, stairways, laundry rooms, toilet rooms, and bathrooms.

"Health care practitioner" means a physician, advanced practice nurse, or physician assistant.

"Health care professional" means an individual licensed by this State to administer health care in the ordinary course of business or practice of a profession.

"Health care service" means as defined at N.J.S.A. 26:2H-2.b.

"Licensee" means the individual or entity to whom a license to operate a dementia care home is issued.

"Medication administration" means a procedure in which a prescribed medication or biological is given to a resident by an authorized individual in accordance with all laws and regulations governing such procedures. The complete process of administration includes:

1. Removing an individual dose from a previously dispensed, properly labeled container (including a unit dose or unit-of-use container);
2. Verifying it with the prescriber's orders;
3. Giving the individual dose to the resident;
4. Seeing that the resident takes it (if oral); and
5. Recording the required information, including, but not limited to, the method of administration, time administered, initials of individuals who administered the medication, and effect of the medication when "prn" or as-needed medications are administered.

"Medication aide" means a person who is qualified to administer medication in accordance with N.J.A.C. 8:36-9.2.

"NFPA" means the National Fire Protection Association.

"Office of Certificate of Need and Healthcare Facility Licensure" means the health care facility licensing unit within the Division of Certificate of Need and Licensing of the Health Systems Branch of the Department, for which the contact information is Office of Certificate of Need and Healthcare Facility Licensure, Division of Certificate of Need and Licensing, Department of Health, PO Box 358, Trenton, NJ 08625-0358, (609) 292-5960, facsimile number (609) 826-3745, and website address for forms www.nj.gov/health/forms.

"Physician" means an individual who is licensed or authorized by the New Jersey State Board of Medical Examiners to practice medicine in the State of New Jersey, in accordance with N.J.S.A. 45:9-1 et seq., and N.J.A.C. 13:35.

"Physician assistant" means an individual who is licensed by the New Jersey State Board of Medical Examiners, pursuant to N.J.S.A. 45:9-27.10 et seq.

"Religious and recreational activities" includes any religious, social, or recreational activity that is consistent with the resident's preferences and choosing, regardless of whether the activity is coordinated, offered, provided, or sponsored by facility staff or by an outside activities provider.

"Resident" means a person with Alzheimer's disease or other forms of dementia who is: 18 years of age or older; ambulant with or without assistive devices; certified by a licensed physician to be free from communicable disease and not in need of skilled nursing care 24 hours a day, seven days a week; and, except in the case of a person 65 years of age or over, in need of dietary services, supervision of self-administration of medications, supervision of and assistance in activities of daily living, or assistance in obtaining health care services.

"Responsible person" means a person who has been designated as a resident's healthcare representative, attorney-in-fact, guardian, or other legal representative for purposes of making healthcare decisions on behalf of the resident.

"Skilled nursing care" means nursing care ordered by a physician and given or supervised by a registered professional nurse, but does not include the administration of medications.

"Social isolation" means a state of isolation wherein a resident of a long-term care facility is unable to engage in social interactions and religious and recreational activities with other facility residents or with family members, friends, and external support systems.

"Supervision of self-administration of medication" means a procedure in which an individual designated by the dementia care home provides a prescribed medication or biological in its properly labeled container to a resident for the resident to administer the medication or biological to himself or herself. The complete process of administration includes:

1. Obtaining the resident's properly labeled container of prescribed medication or biological from the location in the dementia care home where medications are stored;
2. Reading aloud the label and dosing requirements listed on the container in the presence of the resident;
3. Handing the container of medication or biologic to the resident;
4. Observing the resident remove the proper dose of medication and administer the dose to himself or herself;
5. Returning the medication container to the proper storage area; and6. Making a record in the resident's file of the name of the medication taken, dosage amount, and time of administration.

N.J. Admin. Code § 8:37-1.2

Adopted by 49 N.J.R. 461(a), effective 2/7/2017
Amended by 49 N.J.R. 3981(a), effective 12/18/2017
Amended by 55 N.J.R. 2271(a), effective 11/6/2023