N.J. Admin. Code § 8:43J-1.2

Current through Register Vol. 56, No. 9, May 6, 2024
Section 8:43J-1.2 - Definitions

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

"Academy of Nutrition and Dietetics" means the entity by that name for which the contact information is Academy of Nutrition and Dietetics, 120 South Riverside Plaza, Suite 2000, Chicago, Illinois 60606-6995, website www.eatright.org, and telephone (800) 877-1600 or (312) 899-0040.

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

"American Academy of Pediatrics" means the entity by that name for which the contact information is American Academy of Pediatrics, 141 Northwest Point Boulevard, Elk Grove Village, IL 60007-1098, (847) 434-4000, www.aap.org.

"American College of Emergency Physicians" means the entity by that name for which the contact information is American College of Emergency Physicians, P.O. Box 619911, Dallas, TX 75261-9911, (800) 798-1822, www.acep.org.

"American Heart Association" means the entity by that name for which the contact information is American Heart Association National Center, 7272 Greenville Avenue, Dallas, TX 75231, (800) AHA-USA-1, www.americanheart.org.

"Child" means an individual aged birth through the last day prior to his or her sixth birthday.

"Child life specialist" means:

1. An individual who holds the Certified Child Life Specialist credential issued by the Child Life Council, Inc., which can be contacted at 11820 Parklawn Dr., Suite 240, Rockville, MD 20852-2529, (301) 881-7090, www.childlife.org; or

2. Until November 16, 2012, an individual who meets the educational eligibility requirements for certification as a Certified Child Life Specialist by the Child Life Council, Inc., and who has at least one year of full-time experience working with children in a health care or educational setting.

"Class III medical device" means a medical device that the FDA has categorized as "class III" as defined at 21 CFR 860.3.

"Consultant pharmacist" means a pharmacist who has formalized his or her training in pediatric pharmacy through:

1. One year of experience in the full-time practice of pharmacy in a licensed pediatric healthcare facility; and

2. At least 10 hours of continuing education in pediatric pharmacy in his or her last renewal cycle for licensure as a pharmacist.

"Daily census" means the number of children who, during any calendar day, receive services in a facility.

"Department" means the New Jersey Department of Health.

"Device" means a device as that term is defined at Section 201(h) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 321(h).

"Direct care staff" means employees of a facility who provide care to children in the facility under the supervision of the nursing director.

"Division of Health Facility Survey and Field Operations" means the division by that name within the Health Systems Branch of the Department, for which the contact information is Division of Health Facility Survey and Field Operations, New Jersey Department of Health, PO Box 367, Trenton, NJ 08625-0367, and telephone: (800) 792-9770.

"Drug" or "medication" means a substance as defined in the New Jersey State Board of Pharmacy Rules, N.J.A.C. 13:39-1.2.

"Emergency Nurses Association" means the entity by that name for which the contact information is Emergency Nurses Association, 915 Lee Street, Des Plaines, IL 60016-6569, (800) 900-9659, www.ena.org.

"Facility" means a pediatric medical day care facility.

"Family" means individuals who are related by blood, marriage, civil union, domestic partnership or a legal process.

"Full-time equivalent" 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.

"Initial plan of care" means a care plan based on an initial assessment completed prior to or the day of admission that guides a child's care until an interdisciplinary plan of care is completed.

"Interdisciplinary plan of care" means an individualized comprehensive plan of medical, nursing, psychosocial, developmental and educational therapies that specifies the goals to be achieved, discharge planning and the disposition to be followed in the event of emergency situations.

"Interdisciplinary team" means those individuals representing different professions, disciplines and services who work together to provide an integrated program of care to a child.

"Licensed nurse" means a registered professional nurse and/or a licensed practical nurse.

"Licensed nursing staff" means registered professional nurses and/or licensed practical nurses under the employ of a facility.

"Licensed practical nurse" or "LPN" means an individual who is licensed by the New Jersey State Board of Nursing pursuant to N.J.S.A. 45:11-27.

"Medicaid" means medical assistance provided under a State plan approved under Title XIX of the Social Security Act or otherwise authorized under Title XIX or Title XXI of the Social Security Act, including Medicaid Waiver programs authorized under §§ 1115 and/or 1915 of the Social Security Act.

"Medicaid beneficiary" means a child who has been determined by the County Board of Social Services to be financially eligible to participate in Medicaid.

"Medical director" means a physician certified by the American Board of Pediatrics who serves as liaison between a pediatric medical day care facility and the medical community, reviews the quality and appropriateness of pediatric medical day care facility policies and services, and is available for consultation to the pediatric medical day care facility staff.

"Medical record" means all records in a facility pertaining to a child and maintained in accordance with this chapter.

"Medically complex child" means a child who exhibits a severity of illness that requires ongoing skilled nursing intervention.

"Medication administration" means a procedure in which a prescribed medication is given to a child by an authorized person in accordance with all laws and rules governing such procedures.

"National Academy of Sciences" means the entity by that name for which the contact information is National Academy of Sciences, 500 Fifth St. NW, Washington, DC 20001, (202) 334-2000, www.nationalacademies.org.

"Neonatal intensive care unit" or "NICU" means a unit that provides "neonatal intensive care" as that term is defined at N.J.A.C. 8:33C-1.2.

"Occupational therapist" means an individual who is licensed by the New Jersey Occupational Therapy Advisory Council in accordance with N.J.S.A. 45:9-37.51.

"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, website address for forms: www.nj.gov/health/forms.

"Ongoing" means 24 hours per day, seven days per week.

"Parent" means:

1. A biological or adoptive parent;

2. A foster parent of a child, pursuant to the definition of a "resource parent," as defined at N.J.A.C. 10:121-1.1;

3. A guardian generally authorized to act as the child's parent (but not the State if the child is a ward of the State);

4. An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare;

5. An individual appointed by a court having jurisdiction over the child, pursuant to 34 CFR 300.30(b)(2); or

6. A surrogate parent assigned pursuant to N.J.A.C. 8:17-5.

"Pediatric intensive care unit" means a unit licensed under N.J.A.C. 8:43G-22.

"Pediatric medical day care" or "PMDC" means a health care service designed to meet the medical, developmental, educational, nutritional and psycho-social needs of medically complex and/or technology-dependent children whose medical condition requires treatment and services beyond the scope provided to children with special health care needs by day care centers or preschool programs.

"Pediatric medical day care facility" or "PMDC facility" means a pediatric day health care facility as specified at N.J.S.A. 26:2H-7a.

"Pharmacist" means an individual who is 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 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 by the New Jersey State Board of Medical Examiners to practice medicine in the State of New Jersey, pursuant to N.J.S.A. 45:9-1 et seq.

"Prescriber" means an individual who is authorized to write prescriptions in accordance with Federal and State laws.

"Primary health care provider" means a child's physician or advanced practice nurse who provides ongoing medical care, maintains responsibility for the child's overall therapeutic plan, and is available for consultation and collaboration with the pediatric medical day care facility staff.

"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 child's response to it.

"Registered dietitian" means an individual so credentialed by the Academy of Nutrition and Dietetics.

"Registered professional nurse" or "R.N." means a person who is licensed as such by the New Jersey State Board of Nursing, pursuant to N.J.S.A. 45:11-26.

"Rehabilitation services" means physical therapy, occupational therapy, and speech-language pathology services.

"Schedule II controlled substance" means a substance so defined pursuant to N.J.S.A. 24:21-6.

"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 in his or her own hand, or by means of a controlled electronic signature system.

"Skilled nursing intervention" means care that requires the knowledge and experience of licensed nursing staff or a specially trained primary caregiver able to meet the specific needs of the child in the child's home.

"Slots" means the number of children for which a facility is licensed to provide services.

"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 of the Division of Consumer Affairs of the New Jersey Department of Law and Public Safety, pursuant to N.J.S.A. 45:3B-1 et seq.

"Technology-dependent child" means a child who requires a specific class III medical device to compensate for the loss of a vital body function to avert death or further disability and ongoing skilled nursing intervention in the use of the device.

"Toddler" means a child less than three years of age who has not mastered independent ambulation.

"Transportation services" means the conveying of children who require transportation between the facility and the child's home, either directly or through contractual arrangements, in accordance with N.J.A.C. 8:43J-16.

"Unlicensed assistive personnel" means unlicensed individuals to whom selected nursing tasks are delegated.

N.J. Admin. Code § 8:43J-1.2

Notice of readoption with technical change.
See: 48 N.J.R. 2354(a).