N.J. Admin. Code § 8:42C-1.2

Current through Register Vol. 56, No. 11, June 3, 2024
Section 8:42C-1.2 - Definitions
(a) The following words and terms, as used in this chapter, and subject to (b) below, shall have the following meanings, unless the context clearly indicates otherwise:

"Advanced practice nurse" or "APN" means an individual who is certified as an advanced practice nurse by the New Jersey Board of Nursing as established at N.J.S.A. 45:11-23.

"Available" means:

1. Pertaining to equipment, ready for immediate use; and
2. Pertaining to personnel, capable of being reached.

"Bereavement services" means counseling services provided before and after the patient's death.

"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, NJ Department of Health, PO Box 358, Trenton, NJ 08625-0358, telephone: (609) 292-5960.

"Cleaning" means the removal by scrubbing and washing, as with hot water, soap or detergent, and vacuuming, of infectious agents and/or organic matter from surfaces on which and in which infectious agents may find conditions for surviving or multiplying.

"Commissioner" means the Commissioner of the New Jersey Department of Health, or his or her designee.

"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.

"Community health nursing" means a synthesis of nursing practice and public health practice applied to promoting and preserving the health of populations.

"Conspicuously posted" means placed at a location within the facility accessible to and seen by patients 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.

"Core services" means nursing services, medical social services and counseling services routinely provided directly by hospice employees.

"Current" means up-to-date.

"Department" means the New Jersey Department of Health.

"Director of Nursing" means a registered professional nurse who has at least one of the following qualifications:

1. A master's degree in nursing or a health related field and two years combined public/community health nursing and progressive management experience in public health nursing; or
2. A bachelor of science degree in nursing or a health related field and three years combined public/community health nursing and progressive management experience in public health nursing.

"Disinfection" means the killing of infectious agents outside the body, or organisms transmitting such agents, by chemical and physical means, directly applied. The term "disinfection" includes concurrent disinfection; that is, the application of measures of disinfection as soon as possible after the discharge of infectious material from the body of an infected person, or after the soiling of articles with such infectious discharges, all personal contact with such discharges or articles being minimized prior to such disinfection.

The term "disinfection" also includes post disinfection, which is the application of measures of disinfection after the patient has ceased to be a source of infection.

"Documented" means written, signed, and dated.

"Drug administration" means a procedure in which a prescribed drug or biological is given to a patient by an authorized person in accordance with all laws and rules governing such procedures including all of the following: 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 patient; seeing that the patient takes it (if oral); and recording the name and strength of the drug, date and time of administration, dosage administered, method of administration, and signature of the person administering the drug.

"Family" means persons related by blood, marriage, domestic partnership, or civil union.

"Full-time" means a time period established by the facility as a full working week, which is defined and specified within the facility's policies and procedures.

"Hand-Hygiene Guideline" means the "Guideline for Hand Hygiene in Health-Care Settings: Recommendations of the Healthcare Infection Control Practices Advisory Committee and the HICPAC/SHEA/APIC/IDSA Hand Hygiene Task Force," Centers for Disease Control and Prevention, MMWR 2002, Volume 51, No. RR-16, 1-48, incorporated herein by reference, as amended and supplemented.

"Hospice" means a program that the Department licenses to provide palliative services, including medical, nursing, social work, volunteer, and counseling services, to terminally ill patients in their homes, at their places of residence, or at inpatient hospice care units.

"Homemaker-home health aide" means a person who has completed a training program approved by the New Jersey Board of Nursing and who is so certified by that Board in accordance with N.J.S.A. 45:11-23 et seq. and N.J.A.C. 13:37.

"Hours of operation" means normal business hours, during which the agency is open for business.

"Inpatient hospice care provider" means an entity that is:

1. Licensed to operate an inpatient hospice care unit in accordance with N.J.A.C. 8:42C-11; and
2. Certified by the Centers for Medicare and Medicaid Services as a hospice provider that meets the requirements for participation at 42 CFR 418.110.

"Inspection" means a survey, inspection, investigation, or other regulatory oversight activity necessary for the Department to carry out an obligation imposed by applicable State licensing rules and statutes and/or Federal Medicare and/or Medicaid certification regulations and/or statutes, including any on-site visit to a hospice by Department staff to determine a hospice's compliance with applicable State licensing rules and statutes and/or Federal Medicare and/or Medicaid certification regulations or statutes.

"Interdisciplinary plan of care" means a written plan of care established for each individual admitted to a hospice program by the attending physician, the medical director or physician designee or APN and interdisciplinary team prior to providing care, including reviews and updates, at intervals specified in the plan.

"Job description" means written specifications developed for each position in the facility, containing the qualifications, duties, competencies, responsibilities, and accountability required of employees in that position.

"Licensed nursing personnel" (licensed nurse) means registered professional nurses and practical (vocational) nurses licensed by the New Jersey State Board of Nursing in accordance with N.J.S.A. 45:11-23 et seq. and N.J.A.C. 13:37.

"Licensed practical nurse" means a person who is so licensed by the New Jersey State Board of Nursing in accordance with N.J.S.A. 45:11-23 et seq. and N.J.A.C. 13:37.

"Medical director" means a licensed doctor of medicine or osteopathy who is designated by the hospice as having overall responsibility for the medical component of the hospice program of care.

"Medication" means a drug or medicine as defined by the New Jersey State Board of Pharmacy.

"Monitor" means to observe, watch, or check.

"Nursing supervisor" means a registered professional nurse who has at least one of the following qualifications:

1. A bachelor of science degree in nursing and two years combined public health nursing and progressive professional responsibilities in public health nursing; or
2. Three years combined public health nursing and progressive professional responsibilities in public health nursing.

"Occupational therapist" means a person who is certified or eligible for certification as an "Occupational Therapist, Registered" (OTR) by the American Occupational Therapy Association, and has at least one year of experience as an occupational therapist.

"Office of Assessment and Survey" means the survey and inspections unit within the Division of Health Facility Survey and Field Operations of the Health Systems Branch of the Department for which the contact information is:

1. Mailing address: Office of Assessment and Survey, Division of Health Facility Survey and Field Operations, Health Systems Branch, Department of Health, PO Box 367, Trenton, NJ 08625-0367; and
2. Telephone number: (609) 292-9900.

"Palliative care" means treatment that enhances comfort and improves the quality of the patient's life.

"Patient and family" means the unit of care for hospice and for care provided through the Medicare Hospice Benefit.

"Physical therapist" means a person who is so licensed by the State Board of Physical Therapy Examiners in accordance with N.J.S.A. 45:9-37.11 et seq., and N.J.A.C. 13:39A.

"Physician" means a person who is licensed or authorized by the 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.

"Plan of care" means a written plan established and authorized in writing by the physician or advanced practice nurse based on an evaluation of the patient's immediate and long-term needs.

"Progress note" means a written, signed, and dated notation in the medical record by the practitioner providing care and the patient's response to it, within 48 hours of care provision.

"Public health nursing" means a branch of nursing practice which has as its goals health promotion, health maintenance, primary prevention, health education and management, coordination of health care services, and continuity of care through the provision of health care to individuals, families, and groups in the community, as accomplished through activities which include, but are not limited to: making home visits to assess, plan for, and provide nursing services; providing instruction and direct nursing services in community health agencies; teaching subjects related to individual and community welfare; and coordinating services with other community agencies.

"Registered professional nurse" means a person who is so licensed by the New Jersey Board of Nursing in accordance with N.J.S.A. 45:11-23 et seq., and N.J.A.C. 13:37.

"Restraint" means:

1. Devices, materials or equipment that are attached or adjacent to a person and that prevent free bodily movement to a position of choice; and/or
2. A drug or medication when it is used as a restriction to manage a patient's behavior or restrict a patient's freedom of movement and when it is not a standard treatment or dosage for the patient's condition.

"Signature" means at least the first initial and full surname and title (for example, R.N., L.P.N., D.D.S., M.D.) of a person, legibly written either with his or her own hand, generated by computer with authorization safeguards, or communicated by a facsimile communications system (Fax).

"Social worker" means a person whom:

1. The State Board of Social Work Examiners licenses as a Licensed Social Worker or a Licensed Clinical Social Worker pursuant to N.J.A.C. 13:44G; and
2. Has either:
i. Nine hundred hours of social work experience in a health care setting as part of the master's degree curriculum of a social work internship; or
ii. One year of social work experience in a health care setting after licensure as a social worker.

"Speech-language pathologist" means a person who is so licensed by the Director of the Division of Consumer Affairs of the New Jersey Department of Law and Public Safety in accordance with N.J.S.A. 45:3B-1 et seq., and N.J.A.C. 13:44C.

"Spiritual care" means spiritual counseling in keeping with the belief system of the patient and family.

"Staff education plan" means a written plan developed annually, or more frequently and implemented throughout the year which 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 he or she 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.

"Unit" means an inpatient hospice care unit that is operated by a licensed inpatient hospice care provider in accordance with N.J.A.C. 8:42C-11.

"Unit manager" means a registered professional nurse who is designated to supervise the unit in the absence of the unit administrator.

"Volunteer" means a person trained by a hospice who serves a hospice program without monetary compensation.

(b) The following words and terms, as used in N.J.A.C. 8:42C-6.4, shall have the following meanings:

"Family member" means a hospice care patient's spouse, civil union partner, domestic partner, parent, adult sibling, adult child, or adult grandchild.

"Health care representative" means a person, including a patient's family member, who is authorized to make health care decisions on behalf of a hospice care patient.

"Hospice care patient" means a person receiving hospice care services in a private home or an assisted living facility through a licensed hospice care program.

"Third-party caregiver" means a person who:

1. Is 18 years of age or older;
2. Provides care or assistance to a hospice care patient;
3. Is not the health care representative or family member of the hospice care patient; and
4. Is not an employee of the hospice care program that is providing hospice care services to the hospice care patient.

N.J. Admin. Code § 8:42C-1.2

Amended by R.2010 d.106, effective 6/21/2010.
See: 42 N.J.R. 25(a), 42 N.J.R. 1192(b).
Added definitions "Advanced Practice Nurse", "Core services", "Office of Certificate of Need and Healthcare Facility Licensure" and "Office of Health Facilities Assessment and Survey"; rewrote definitions "Available" and "Restraint"; in definition "Bereavement services", substituted "before and after the" for "to a family of a hospice care patient after the hospice care"; in definition "Commissioner", inserted "of the Department of" and ", or his or her designee"; deleted definition "Dietitian"; in definition "Interdisciplinary plan of care", inserted "or APN"; and in definition "Plan of care", inserted "or advanced practice nurse".
Notice of readoption with technical change, effective 5/15/2017.
See: 49 N.J.R. 1223(a).
Amended by R.2018 d.050, effective 1/16/2018.
See: 49 N.J.R. 232(a), 50 N.J.R. 522(a).
In the first paragraph, substituted "as" for "when"; added definitions "Family", "Hand-Hygiene Guideline", "Inpatient hospice care provider", "Inspection", "Unit", and "Unit manager"; and rewrote definitions "Hospice" and "Social worker".
Amended by R.2021 d.040, effective 5/3/2021.
See: 51 N.J.R. 1312(a), 53 N.J.R. 700(b).
Added designation (a); in the introductory paragraph of (a), inserted "and subject to (b) below," substituted definition "Advanced practice nurse" for "Advanced Practice Nurse", deleted definition "Office of Certificate of Need and Healthcare Facility Licensure", and in definition "Volunteer", inserted the second occurrence of "a"; and added (b).