105 CMR, § 145.020

Current through Register 1536, December 6, 2024
Section 145.020 - Definitions

Back-up Dialysis means dialysis given to a patient in a situation other than the patient's usual dialysis environment.

Chronic Maintenance Dialysis means the usual periodic dialysis treatments of a patient who has chronic renal disease.

Commissioner means the Commissioner of Public Health or his or her designee.

Department means the Department of Public Health.

Direct Care Staff means registered nurses, licensed practical nurses, and trained dialysis technicians who provide direct care to patients undergoing dialysis in the unit. Direct care staff may include charge nurses, but shall not include the nurse manager, nurses assigned to dialysis training, or technicians assigned to dialyzer preparation or reuse, equipment maintenance, and water testing and purification.

Governing Body means, in the case of a corporation, the board of directors, or an executive committee thereof empowered under the bylaws of the corporation to supervise the operation of the unit; or in every other case, the owner and such other individuals as are associated with the owner in the management of the unit.

Healthcare-associated Infection (HAD means a localized or systemic condition that results from an adverse reaction to the presence of an infectious agent or its toxins that:

(1) occurs in a patient in an out-of-hospital dialysis unit; and

(2) was not present or incubating at the time of the admission during which the reaction occurs;

(3) meets the criteria for a specific infection as defined by the federal Centers for Disease Control and Prevention and its National Healthcare Safety Network; and

(4) any additional elements as set forth in administrative guidelines of the Department based on the National Healthcare Safety Network.

Home Hemodialysis means chronic maintenance dialysis performed at home by a trained patient with the assistance of a trained partner.

Home Peritoneal Dialysis means chronic maintenance dialysis performed at home by a trained patient with or without the assistance of a trained partner.

Licensed or Approved Hospital means any hospital licensed under M.G.L. c. 111, § 51.

Licensed Practical Nurse means an individual who is currently licensed pursuant to M.G.L. c. 112, § 74A, to practice practical nursing in Massachusetts.

National Healthcare Safety Network NHSN means the HAI tracking system by the federal Centers for Disease Control and Prevention.

Nurse Practitioner means a nurse who is authorized to practice advanced practice registered nursing as a nurse practitioner by the Board of Registration in Nursing.

Original License means the first license issued to a person to maintain the premises named therein, whether upon the initial establishment of the unit or subsequently upon the relocation or transfer of ownership of the unit.

Out-of-hospital Dialysis Unit or Unit means a unit, however named, maintained separate from a licensed or approved hospital or license issued thereto, whether conducted for charity or for profit, for the purpose of providing chronic maintenance dialysis to persons suffering from chronic renal disease and other dialysis as permitted by law. It shall not include a dialysis unit maintained as part of a licensed or approved hospital.

Person means any individual or his estate upon his death; or a partnership, corporation, or trust or other unincorporated association; or any receiver, trustee, or other liquidating agent of any of the foregoing while acting in such capacity.

Physician means an individual who is currently licensed pursuant to M.G.L. c. 112, § 2, to practice medicine or osteopathy in Massachusetts.

Physician Assistant means a person who is licensed by the Board of Registration of Physician Assistants.

Registered Nurse means an individual who is currently registered pursuant to M.G.L. c. 112, § 74, to practice professional nursing in Massachusetts.

Renewal License means the first and each subsequent renewal of the original license to maintain premises named therein as an out-of-hospital dialysis unit.

Transfer of Ownership includes, in the case of a partnership, any change in partners, and, in the case of a corporation, any transfer of 50% or more of the outstanding shares of stock in such corporation.

105 CMR, § 145.020

Amended by Mass Register Issue 1379, eff. 11/30/2018.