N.J. Admin. Code § 13:45A-35.2

Current through Register Vol. 56, No. 23, December 2, 2024
Section 13:45A-35.2 - Definitions

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

"Abuse" means a maladaptive pattern of drug use that results in harm or places the individual at risk of harm. Abuse of a prescription medication involves its use in a manner that deviates from approved medical, legal, and social standards, generally to achieve a euphoric state (high), to sustain opioid dependence (that is opioid addiction), or that is other than the purpose for which the medication was prescribed.

"Acute pain" means the normal, predicted physiological response to a noxious chemical or thermal or mechanical stimulus, typically associated with invasive procedures, trauma, or disease and is generally persistent for up to one month, but no more than three months.

"Acute trauma" means serious illness and traumatic injuries requiring immediate short-term medical care to relieve suffering and minimize morbidity and mortality risk.

"CDS registration" means registration with the Division of Consumer Affairs to manufacture, distribute, dispense, or conduct research with controlled dangerous substances issued pursuant to P.L. 1970, c. 226 § 11 (24:21-11).

"Certified medical assistant" means a person who is a graduate of a post-secondary medical assisting educational program accredited by the Commission on Allied Health Education and Accreditation (CAHEA), or its successor, the Accrediting Bureau of Health Education Schools (ABHES), or its successor, or any accrediting agency recognized by the U.S. Department of Education, which educational program includes, at a minimum, 330 clock-hours of instruction, and encompasses training in the administration of intramuscular and subcutaneous injections, as well as instruction and demonstration in: pertinent anatomy and physiology appropriate to injection procedures; choice of equipment; proper technique, including sterile technique; hazards and complications; and emergency procedures; and who maintains current certification or registration, as appropriate, from the Certifying Board of the American Association of Medical Assistants (AAMA), the National Center for Competency Testing (NCCT), the National Healthcareer Association (NHA), the American Medical Certification Association (AMCA), the National Certification Medical Association (NCMA), the American Medical Technologists (AMT), or any other recognized certifying body approved by the Board of Medical Examiners. A "clock-hour" shall be calculated at the rate of one hour for every 50 minutes of in-class participation.

"Chronic pain" means pain that persists or recurs for more than three months.

"Controlled dangerous substance" means any substance that is listed in Schedules II, III, and IV of the schedules provided under the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (24:21-1 et seq.). Controlled dangerous substance also means any substance that is listed in Schedule V under the "New Jersey Controlled Dangerous Substances Act" when the Director has determined that reporting Schedule V substances is required by Federal law, regulation, or funding eligibility, consistent with N.J.A.C. 13:45H.

"Current patient" means any person who is the recipient of a professional service rendered by the practitioner for purposes of diagnosis, treatment, or a consultation related to treatment.

"Data Collection Manual" means the New Jersey Prescription Monitoring Program Data Collection Manual, Version 2.1, incorporated herein by reference, as amended and supplemented, and available on the New Jersey Prescription Monitoring Program website at www.njconsumeraffairs.gov.

"Delegate" means a person authorized to access the PMP information of the practitioner's current or new patient on behalf of a practitioner who is an authorized user of the PMP.

"Dental resident" means a person who practices dentistry as a resident pursuant to 45:6-20 and, pursuant to 13:30-1.3, is a graduate of a dental school approved by the Commission on Dental Accreditation and has passed Part I and Part II of the National Board Dental examination and obtained a resident permit from the New Jersey Board of Dentistry.

"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

"Diversion" means the redirection of a prescription drug from its lawful purpose for illicit use.

"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.

"Emergency department of a general hospital" means an emergency department of a hospital (approved general) licensed and regulated by the Department of Health under N.J.A.C. 8:43G.

"Hospice" means a hospice as defined in 8:42C-1.2, which is licensed by the New Jersey State Department of Health.

"Licensed athletic trainer" means an individual who is licensed by the State Board of Medical Examiners to practice athletic training, pursuant to the Athletic Training Licensure Act, P.L. 1984, c. 203 (N.J.S.A. 45:9-37.35 et seq.).

"Medical resident" means a graduate physician who is authorized to practice medicine and surgery by means of a valid permit issued by the State Board of Medical Examiners to a person authorized to engage in the practice of medicine and surgery while in the second year or beyond of a graduate medical education program pursuant to 13:35-1.5. For purposes of this subchapter, a medical resident shall not include a licensed physician participating in a graduate medical education program.

"Medical scribe" means an individual trained in medical documentation who assists a physician or other licensed health care professional by documenting the patient's encounter with the professional in the patient's medical record and gathering data for the professional, including, but not limited to, nursing notes, patient medical records, laboratory work, and radiology tests.

"Mental health practitioner" means a clinical social worker, marriage and family therapist, clinical alcohol and drug counselor, professional counselor, psychologist, or psychoanalyst licensed or otherwise authorized to practice pursuant to Title 45 of the Revised Statutes.

"Misuse" means the use of a prescribed medication in a manner that is contrary to directions, regardless of whether a harmful outcome occurs.

"New patient" means a person who for the first time seeks from or is rendered professional services by the practitioner for purposes of diagnosis, treatment, or a consultation related to a treatment.

"Pharmacy permit holder" means an individual or business entity that holds a permit to operate a pharmacy practice site pursuant to P.L. 2003, c. 280 (45:14-40 et seq.).

"Practitioner" means an individual currently licensed, registered, or otherwise authorized by this State or another state to prescribe drugs in the course of professional practice.

"Registered dental assistant" is a person who has fulfilled the requirements for registration established by the Dental Auxiliaries Act, P.L. 1979, c. 46 (45:6-48 et seq.), as set forth in 13:30-2.2, and works under the direct supervision of a licensed dentist.

N.J. Admin. Code § 13:45A-35.2

Adopted by 48 N.J.R. 2374(a), effective 11/7/2016
Administrative Change, 48 N.J.R. 2623(a).
Amended by 50 N.J.R. 1500(a), effective 7/2/2018
Amended by 51 N.J.R. 624(a), effective 5/6/2019