N.J. Admin. Code § 8:43A-1.3
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Abortion facility" means a facility which performs termination of pregnancy, in accordance with N.J.A.C. 13:35-4.2, as a single modality. Facilities which offer multiple or comprehensive surgical services, inclusive of termination of pregnancy, are designated as ambulatory surgery facilities. Whereas all of the rules at N.J.A.C. 8:43A-12apply to ambulatory surgery facilities, only those rules at N.J.A.C. 8:43A-12which are relevant to the levels of anesthesia used in a particular abortion facility shall apply to that facility.
"Addiction Professionals Certification Board of New Jersey, Inc." means the entity by that name for which the contact information is Addiction Professionals Certification Board of New Jersey, Inc., 1200 Tices Lane, Suite 104, East Brunswick, NJ 08816 (732) 249-1991, telefacsimile (732) 249-1559, www.certbd.com.
"Advance directive" means a written statement of the patient's instructions and directions for health care in the event of future decision making incapacity. An advance directive may include a proxy directive or an instruction directive, or both.
"Affiliated community perinatal center" means a licensed hospital designated within a maternal and child health service region with which the birth center has a formal agreement for transfer and back-up services. This hospital must be designated as either a community perinatal center--intermediate or intensive or a regional perinatal center, in accordance with N.J.A.C. 8:33C.
"Ambulatory care facility" means a health care facility or a distinct part of a health care facility in which preventive, diagnostic, and treatment services are provided to persons who come to the facility to receive services and depart from the facility on the same day.
"Ambulatory care facility assessment" means the annual assessment established by N.J.S.A. 26:2H-18.57, which applies to certain licensed health care facilities, which assessment the Department administers pursuant to N.J.A.C. 8:31A.
"Ambulatory surgery facility" means a surgical facility in which ambulatory surgical cases are performed and which is licensed as an ambulatory surgery facility, separate and apart from any other facility license. (The ambulatory surgery facility may be physically connected to another licensed facility, such as a hospital, but is corporately and administratively distinct.)
"Ambulatory surgical case" and "same day surgical case" are synonymous terms for a surgical procedure performed on a patient in a surgical facility generally requiring anesthesia, with a facility-based post surgery period of at least one hour, and generally without the requirement of an overnight stay.
"American Academy of Health Care Providers in the Addictive Disorders" means the entity by that name for which the contact information is American Academy of Health Care Providers in the Addictive Disorders, 314 West Superior Street, Suite 508, Duluth, MN 55802, (218) 727-3940, telefacsimile (218) 722-0346, www.americanacademy.org.
"American Board of Medical Physics" means the entity by that name for which the contact information is American Board of Medical Physics, 12100 Sunset Hills Road, Suite 130, Reston, VA 20190-5202, (703) 481-5001, telefacsimile (703) 435-4390, www.acmp.org/abmp.
"American College of Radiation Oncology" means the entity by that name for which the contact information is American College of Radiation Oncology, 5272 River Road, Bethesda, MD 20816, (301) 718-6515, telefacsimile: (301) 656-0989, www.acro.org.
"American College of Radiology" means the entity by that name for which the contact information is American College of Radiology, 1891 Preston White Dr, Reston, VA 20191, (703) 648-8900, www.acr.org.
"American Osteopathic Board of Radiology" means the entity by that name for which the contact information is American Osteopathic Board of Radiology, 119 East Second Street, Milan, MO 63556-1331, 800-258-AOCR (2627) or (660) 265-4011, telefacsimile (660) 265-3494, http://www.aocr.org/certification/index.asp.
"American Society for Radiation Oncology" means the entity for which the contact information is American Society for Radiation Oncology, 251 18th Street South, 8th Floor, Arlington, VA 22202, (703) 502-1550, https://www.astro.org.
"Association for the Advancement of Medical Instrumentation" means the entity by that name for which the contact information is Association for the Advancement of Medical Instrumentation, PO Box 1211, Annapolis Junction, MD 20701-0211, (800) 877-249-8226 or 240-646-7031, telefacsimile (301) 206-9789, www.aami.org.
"Available" means ready for immediate use (pertaining to equipment) or capable of being reached (pertaining to personnel), unless otherwise defined.
"Birth center" means a health care facility or a distinct part of a health care facility which provides routine prenatal and intrapartal care to low-risk maternity patients who are expected to deliver neonates of a weight greater than 2,499 grams and of 36 weeks gestational age and who require a stay of less than 24 hours after birth. "Routine intrapartal care" means labor and delivery services not requiring surgical intervention.
"Bylaws" means a set of rules adopted by the facility for governing its operation. A charter, articles of incorporation, or a statement of policies and objectives is an acceptable equivalent.
"Cardiac rehabilitation program" means a health care service in which an individualized program of physical exercise is prescribed for each cardiac patient.
"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, (609) 292-5960, website address for forms: www.nj.gov/health/forms.
"Chronic dialysis" means dialysis rendered to a patient with end stage renal disease in whom recovery of renal function is not expected.
"Cleaning" means the removal by scrubbing and washing, as with hot water, soap or detergent, and vacuuming of infectious agents and of organic matter from surfaces on which and in which infectious agents may find conditions for surviving or multiplying.
"Clinical note" means a written, signed, and dated notation made by a health care professional who renders a service to the patient. Clinical notes are written into the patient's medical record the day service is rendered.
"Clinical practitioner" means a physician, dentist, podiatrist, certified nurse midwife, physician assistant, or nurse practitioner.
"Commissioner" means the Commissioner of Health.
"Commission on Dietetic Registration" means the entity by that name for which the contact information is Commission on Dietetic Registration, 120 South Riverside Plaza, Suite 2000, Chicago, IL 60606-6995, (312) 899-0040 extension 5500 or toll-free (800) 877-1600 extension 5500, telefacsimile (312) 899-4772, www.cdrnet.org.
"Commission on Radiation Protection" means the entity by that name that is in, but not of, the Department of Environmental Protection for which the contact information is Commission on Radiation Protection, PO Box 415, Trenton, NJ 08625-0415, (609) 984-5636, telefacsimile (609) 633-2210.
"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 perinatal center-birthing center" means a licensed birth center designated within a maternal and child health service region, in accordance with N.J.A.C. 8:33C.
"Comprehensive outpatient rehabilitation facility" means an ambulatory care facility which provides at least medical, physical therapy, and social or psychological services in a coordinated manner. The term applies to facilities which are certified or eligible for certification as comprehensive outpatient rehabilitation facilities in accordance with 42 CFR Part 485, Subpart B.
"Comprehensive rehabilitation agency" means an ambulatory care facility which provides at least medical, physical therapy, and social or psychological services in a coordinated manner.
"Conspicuously posted" means placed at a location within the facility accessible to and seen by patients and the public.
"Construction guidelines" means the Guidelines for Design and Construction of Health Care Facilities, 2006 edition, incorporated herein by reference, as amended and supplemented, published by the American Institute of Architects, for which the contact information is the American Institute of Architects, 1735 New York Avenue NW, Washington DC 20006-5292, (800) 242-3837 or (202) 626-7541, telefacsimile (202) 626-7519, www.aia.org.
"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 Controlled Substances Act of 1970 (Title II, Public Law 91-513) and the New Jersey Controlled Dangerous Substances Act of 1970, N.J.S.A. 24:21-1 et seq.
"Coordinating Center for Health Information and Service" means the Coordinating Center for Health Information and Service of the Centers for Disease Control and Prevention (CDC) in the U.S. Department of Health and Human Services. This entity publishes the Morbidity and Mortality Weekly Report, for which the contact information is Morbidity and Mortality Weekly Report, Centers for Disease Control and Prevention, 1600 Clifton Rd., MS E-90, Atlanta, GA 30333, (404) 498-1150, telefacsimile (404) 498-2389, www.cdc.gov/mmwr.
"Council on Social Work Education" means the entity by that name for which the contact information is Council on Social Work Education, 1725 Duke Street, Suite 500, Alexandria, VA 22314-3457, (703) 683-8080, telefacsimile (703) 683-8099, www.cswe.org.
"Counseling" means provision of information intended to direct the behavior of a patient. Counseling services include, but are not limited to, dietary counseling, social work, and/or drug counseling services.
"Current" means up-to-date, extending to the present time.
"Department" means the Department of Health.
"Disinfection" means the killing of infectious agents outside the body, or organisms transmitting such agents, by chemical and physical means, directly applied.
"Division of Health Facility Survey and Field Operations" means the division of the Health Systems Branch of the Department, for which the contact information is Division of Health Facility Survey and Field Operations, NJ Department of Health, PO Box 367, Trenton, NJ 08625-0367, (609) 292-9900.
"Documented" means written, signed, and dated.
"Drug" means a substance as defined in the New Jersey State Board of Pharmacy Rules, N.J.A.C. 13:39. The word "medication" is used interchangeably with the word "drug" in this chapter.
"Drug abuse treatment services" means methadone detoxification, methadone maintenance, and/or drug-free counseling programs.
"Drug administration" means a procedure in which a prescribed drug is given to a patient 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 patient, seeing that the patient takes it (if oral), and recording the required information, including the method of administration.
"Employee" means:
1. Full and part-time employees;
2. Persons a facility engages who are in direct contact with patients or who provide patient care;
3. Volunteer staff; and
4. Physicians and other clinical practitioners who are either salaried by the facility or have clinical privileges to provide medical care at the facility.
"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 planning services" means comprehensive reproductive health care services including contraception, pregnancy detection, options counseling, diagnosis and/or treatment of sexually transmitted diseases, routine gynecological and cancer screening services, health promotion activities, and Level I infertility services. Family planning services may also include prenatal and postpartum care, other gynecological services including colposcopy and cryotherapy, menopausal services, and/or Level II and III infertility care. Family planning services do not include termination of pregnancy.
"Full-time" means relating to a time period established by the facility as a full working week, as defined and specified in the facility's policies and procedures.
"Governing authority" means the organization, person, or persons designated to assume legal responsibility for the management, operation, and financial viability of the facility.
"Health care facility" means a facility so defined in N.J.S.A. 26:2H-1 et seq.
"Healthcare Plan Review Unit" means the Healthcare Plan Review Unit within the Bureau of Construction Project Review in the Division of Codes and Standards of the Department of Community Affairs, for which the contact information is Healthcare Plan Review Unit, Bureau of Construction Project Review, Division of Codes and Standards, Department of Community Affairs, PO Box 817, Trenton, NJ 08625-0817, (609) 633-8151.
"Hospital" means a facility as N.J.A.C. 8:43G, Hospital Licensing Standards, defines that term.
"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.
"Licensed nursing personnel" (licensed nurse) means registered professional nurses or practical nurses licensed by the New Jersey State Board of Nursing.
"Maternal and Child Health Consortium (MCHC)" means a voluntarily formed non-profit organization, consisting of all inpatient or ambulatory perinatal and pediatric care providers and related community organizations in a maternal and child health service region, as described at N.J.A.C. 8:33C.
"Maternal and child health service region" means the perinatal and pediatric service delivery area described at N.J.A.C. 8:33C.
"Medical record" means all records in the facility which pertain to the patient's health care.
"Medically indigent" means those individuals lacking third-party health or medical insurance coverage whose income is less than or equal to 200 percent of the value determined by the United States Department of Health and Human Services Income Poverty Guidelines, 42 U.S.C. § 9902.(2).
"Medication" means a substance as defined by the New Jersey State Board of Pharmacy Rules, N.J.A.C. 13:39. The word "drug" is used interchangeably with the word "medication" in this chapter.
"Monitor" means to observe, watch, or check.
"Operating room" means a room specifically dedicated to the performance of surgical cases which meets the State Uniform Construction Code at N.J.A.C. 5:23-3 and the Department's licensing requirements. For the purposes of this definition, rooms specifically dedicated to endoscopic and cystoscopic procedures are not considered operating rooms.
"Plan of care" means a written plan which is based upon the patient assessments performed by all services participating in the patient's care and which includes care and treatment to be provided. Each professional discipline which provides care to the patient develops its own portion of the plan of care.
"Prescriber" means a person who is authorized to write prescriptions in accordance with Federal and State laws.
"Primary care" means the provision by a health care facility of preventive, diagnostic, treatment, management, and reassessment services to individuals with acute or chronic illness. The term is used in reference to facilities providing family practice, general internal medicine, general pediatrics, obstetrics, gynecology, and/or clinical preventive services, including community health centers providing comprehensive primary care. Comprehensive primary care may include the provision of sick and well care to all age groups, from perinatal and pediatric care to geriatric care. Primary care is further characterized by the fact that it represents the initial point of contact between an individual and the health care system, by the assumption of responsibility for the person regardless of the presence or absence of disease, by the ongoing responsibility for coordination of medical care for the person, by its family-centeredness, and by its community orientation.
"Satellite" means an affiliate of a separately licensed ambulatory care facility. A satellite is located at a site distinct from, and within 30 miles of, that of the separately licensed ambulatory care facility, but shares the same governing authority and provides the same principal service as the separately licensed ambulatory care facility.
"Secondary care" means care delivered by a specialist or subspecialist following referral by the primary care source. This may include ambulatory or inpatient care.
"Signature" means at least the first initial and full surname and title (for example, R.N., L.P.N., D.D.S., M.D., D.O.) of a person, legibly written with his or her own hand. If electronic signatures are used, they shall be used in accordance with N.J.A.C. 8:43A-13.4.
"Staff education plan" means a written plan 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 the employee has been assigned, as well as to the personnel policies of the facility.
"State Long-Term Care Ombudsman" or "Ombudsman" means the entity by that name established pursuant to N.J.S.A. 52:27G-1 et seq., particularly at 52:27G-3, for which the contact information is New Jersey Long-Term Care Ombudsman, PO Box 852, Trenton, NJ 08625-0852, toll-free telephone intake line 1-877-582-6995, telefacsimile (609) 943-3479, email
ombudsman@ltco.nj.gov, website https://www.nj.gov/ltco.
"Sterilization" means a process of destroying all microorganisms, including those bearing spores, in, on, and around an object.
"Substance-affected infant" means the term as defined at N.J.A.C. 3A:26-1.2.
"Surgical facility" means a structure or suite of rooms which has the following characteristics:
1. One or more rooms dedicated for use as operating rooms, which are specifically equipped for the performance of surgery, designed and constructed to accommodate invasive diagnostic and surgical procedures;
2. One or more postanesthesia care units or a dedicated recovery area where the patient may be closely monitored and observed until discharged; and
3. Is not a surgical practice.
"Surgical practice" means a structure or suite of rooms which has the following characteristics:
1. No more than one room dedicated for use as an operating room which is specifically equipped to perform surgery, designed and constructed to accommodate invasive diagnostic and surgical procedures;
2. One or more postanesthesia care units or a dedicated recovery area where the patient may be closely monitored and observed until discharged; and
3. Established by a physician or physician professional association surgical practice solely for his/her/their private medical practice.
"Tertiary care" means specialized inpatient or outpatient care.
"Tuberculosis Control Program" means the Tuberculosis Control Program within the Division of HIV, STD, and TB Services of the Public Health Services Branch of the Department, for which the contact information is Tuberculosis Control Program, Division of HIV, STD, and TB Services, NJ Department of Health, PO Box 363, Trenton, NJ 08625-0363, telephone (609) 826-4878, telefacsimile (609) 826-4879, website https://www.nj.gov/health/hivstdtb/tb/.
N.J. Admin. Code § 8:43A-1.3
See: 39 N.J.R. 2309(a), 40 N.J.R. 702(a).
Added definitions "Addiction Professionals Certification Board of New Jersey, Inc.", "Ambulatory care facility assessment", "American Academy of Health Care Providers in the Addictive Disorders", "American Board of Medical Physics", "American College of Radiation Oncology", "American College of Radiology", "American Osteopathic Board of Radiology", "Association for the Advancement of Medical Instrumentation", "Commission on Dietetic Registration", "Commission on Radiation Protection", "Construction guidelines", "Coordinating Center for Health Information and Service", "Council on Social Work Education", "Employee", "Healthcare Plan Review Unit", "Office of Acute Care Assessment and Survey", "Office of Certificate of Need and Healthcare Facility Licensure", "Office of the Ombudsman for the Institutionalized Elderly" and "Tuberculosis Program"; in definition "Commissioner", substituted "Commissioner of Health and Senior Services" for "New Jersey State Commissioner of Health"; in definition "Department" substituted "Department of Health and Senior Services" for "New Jersey State Department of Health"; and in definition, "Maternal and Child Health Consortium (MCHC)", updated the N.J.A.C. reference.
Amended by R.2018 d.018, effective 1/16/2018.
See: 49 N.J.R. 2599(a), 50 N.J.R. 283(b).
Added definition "Substance-affected infant".
Amended by R.2021 d.039, effective 5/3/2021.
See: 51 N.J.R. 1316(a), 53 N.J.R. 703(a).
Added definitions "American Society for Radiation Oncology", "Certificate of Need and Healthcare Facility Licensure Program", "Division of Health Facility Survey and Field Operations", and " 'State Long-Term Care Ombudsman' or 'Ombudsman' "; deleted definitions "Office of Acute Care Assessment and Survey", "Office of Certificate of Need and Healthcare Facility Licensure", and "Office of the Ombudsman for the Institutionalized Elderly"; in definitions "Commissioner" and "Department", deleted "and Senior Services"; rewrote definition "Hospital"; and substituted definition "Tuberculosis Control Program" for "Tuberculosis Program".
Notice of readoption with technical change, effective 1/3/2022.
See: 54 N.J.R. 60(a).