| [163] For New Jersey requirements, see N.J. Admin. Code tit. 10, § 10:58A-1.4, relating to nurse midwives. N.J. Admin. Code tit. 10, § 10:58-1.4 provides that for all periodic health maintenance examinations for individuals under 21 years of age, the assessment and administration of immunizations appropriate for age and need shall be performed and documented in the beneficiary’s record by the nurse midwife. |
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| [164] For New Jersey requirements, see N.J. Admin. Code tit. 8, § 8:43A-24.6, relating to “chronic dialysis facilities,” N.J. Admin. Code tit. 8, § 8:43F-7.2(a) and N.J. Admin. Code tit. 8, § 8:43F-7.3(c), relating to “adult and pediatric day health services facilities,” and N.J. Admin. Code tit. 8, § 8:43A-14.2, relating to “ambulatory care facilities.” N.J. Admin. Code tit. 8, § 8:43A-24.6 requires facilities which provide chronic dialysis services to comply with OSHA Rule 29 CFR § 1910.1030, incorporated by reference into the New Jersey Administrative Code, as it pertains to hepatitis B vaccine and vaccine series. The OSHA regulation requires employers to make available the hepatitis B vaccine and vaccine series to all employees who have occupational exposure. If the employee initially declines vaccination but changes their mind while still covered under the standard, the employer shall make available the hepatitis B vaccine. If a routine booster dose(s) is recommended by the U.S. Public Health Service, the dose(s) shall be made available to the employee. N.J. Admin. Code tit. 8, § 8:43F-7.2(a) requires adult and pediatric day health services facilities to comply with OSHA Rule 29 CFR § 1910.1030, incorporated by reference into the New Jersey Administrative Code, as it pertains to hepatitis B vaccine and vaccine series. “Adult day health services facilities” are defined in N.J. Admin. Code tit. 8, § 8:43F-1.2 as facility or distinct part of a facility licensed by the NJ Department of Health and Senior Services to provide preventative, diagnostic, therapeutic, and rehabilitative services under medical supervision to meet the needs of functionally impaired adult participants who are not related to the members of the governing authority, in a period of time not exceeding 12 hours. “Pediatric day health services facilities” are defined in N.J. Admin. Code tit. 8, § 8:43F-1.2 as a facility which provides additional services in order to provide for the needs of technologically dependent children or medically unstable children and conforms to specified guidelines. N.J. Admin. Code tit. 8, § 8:43F-7.3(c) requires adult and pediatric day health services facilities to offer yearly influenza immunization to employees. N.J. Admin. Code tit. 8, § 8:43A-14.2, relating to “ambulatory care facilities,” incorporates by reference OSHA Rule 29 CFR § 1910.1030, as it pertains to hepatitis B vaccine and vaccine series. |
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| [165] For New Jersey requirements, see N.J. Admin. Code tit. 8, § 8:43A-28.8, relating to “birth centers.” N.J. Admin. Code tit. 8, § 8:43A-28.8 requires birth centers to offer patients with negative rubella titers the rubella vaccine after delivery and prior to discharge. Requirements governing “birth centers” are located in the chapter of the New Jersey Administrative Code setting forth the standards for the licensing of ambulatory care centers, thus identifying “birth centers” as a type of ambulatory care center under New Jersey’s definition of “ambulatory care center.” N.J. Admin. Code tit. 8, § 8:43A-1.3 defines an “ambulatory center” as a health care facility or distinct part of a health care facility in which preventative, 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. |
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| [166] For New Jersey requirements, see N.J. Admin. Code tit. 8, § 8:43F-7.2(c), N.J. Admin. Code tit. 8, § 8:43F-7.2(e), and N.J. Admin. Code tit. 8, § 8:43F-7.2(d), relating to “adult and pediatric day health services facilities.” N.J. Admin. Code tit. 8, § 8:43F-7.2(c) requires adult and pediatric day health services facilities to document evidence of annual vaccination against influenza for each adult participant in accordance with the recommendations of the Advisory Committee on Immunization Practices of the CDC most recent to the time of vaccination, unless medically contraindicated or the patient refuses the offer of the vaccine in accordance with N.J. Admin. Code tit. 8, § 8:43F-4.4(a)3 (allowing patients to refuse to consent to medical treatment). N.J. Admin. Code tit. 8, § 8:43F-7.2(e) requires that each pediatric day health services facility maintain an up-to-date immunization record or documentation that the child is under a prescribed medical program to obtain immunizations in accordance with the provisions of N.J. Admin. Code tit. 8, § 10:122-7.3(a)2iii and 7.3(a)5 and 6, or documentation that the child is under a prescribed medical program to obtain immunizations in accordance with the provisions of N.J. Admin. Code tit. 8, § 8:57-4. N.J. Admin. Code tit. 8, § 10:122-7.3(a)2 provides that for each child not enrolled in a public or private school, the center shall maintain on file at the center an immunization record in accordance with the provisions of N.J. Admin. Code tit. 8, § 8:57-4.6 and 4.7. N.J. Admin. Code tit. 8, § 8:57-4.6 describes documents accepted as evidence of immunization. N.J. Admin. Code tit. 8, § 8:57-4.7 provides that every school, preschool, or child care center shall maintain an official State of New Jersey School Immunization Record for every pupil. This record shall include the date of each immunization and shall be separated from the child's other medical records for purpose of immunization record audit. N.J. Admin. Code tit. 8, § 10:122-7.3(a)5 provides that if immunizations are contraindicated for medical reasons, the center may choose to admit the child, provided that the parent submits to the center a written statement from a health care provider, as specified in N.J. Admin. Code tit. 8, § 8:57-4.3, attesting to the reason the immunization is medically contraindicated, and the specific time period for which the immunization is medically contraindicated. N.J. Admin. Code tit. 8, § 10:122-7.3(a) 6 provides that a child shall be exempted from a physical examination, immunization or medical treatment if the parent objects thereto in a written statement submitted to the center, signed by the parent, explaining how the examination, immunization or medical treatment conflicts with the child's exercise of bona fide religious tenets or practices. N.J. Admin. Code tit. 8, § 8:57-4.10 through 4.17 provide specific schedule for the following diseases: diphtheria, pertussis, tetanus toxoids, polio virus, measles virus, rubella, mumps, Haemophilus influenzae type b, hepatitis B and varicella. N.J. Admin. Code tit. 8, § 8:43F-7.2(d) requires adult and pediatric day health services facilities to document evidence of annual immunization against pneumococcal in accordance with specified CDC recommendations, unless medically contraindicated or the patient refuses the offer of the vaccine in accordance with N.J. Admin. Code tit. 8, § 8:43F-4.4(a)3 (allowing patients to refuse to consent to medical treatment). This provision also requires that the facility shall provide or arrange for immunization against pneumococcal vaccine, unless the participant refuses. “Pediatric day health services facilities” are defined in N.J. Admin. Code tit. 8, § 8:43F-1.2 as a facility which provides additional services in order to provide for the needs of technologically dependent children or medically unstable children and conforms to specified guidelines. |
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| [169] For New Jersey requirements, see N.J. Admin. Code tit. 10, § 10:48-2.12 and N.J. Admin. Code tit. 10, § 10:48-2.5, relating to “private licensed facilities for persons with developmental disabilities.” N.J. Admin. Code tit. 10, § 10:48-2.12 provides that individuals receiving services in private licensed facilities for the developmentally disabled and developmental centers who are not carriers and who lack natural immunity are offered the hepatitis B vaccine. N.J. Admin. Code tit. 10, § 10:48-2.5 provides that appropriate medical services are required for children receiving services as an admission prerequisite. Note that this is properly characterized as an “offer” requirement based on the language of N.J. Admin. Code tit. 10, § 10:48-2.14, providing that an individual who is competent or the guardian of a minor or incompetent may decline a vaccine offer, after receiving information about the vaccine from the designated staff member. |
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| [170] For New Jersey requirements, see N.J. Admin. Code tit. 10, § 10:47-6.1and N.J. Admin. Code tit. 10, § 10:48-2.14, relating to “private licensed facilities for persons with developmental disabilities.” N.J. Admin. Code tit. 10, § 10:47-6.1 requires private licensed facilities for persons with developmental disabilities to give persons receiving services primary immunizations, as required upon admission, and reimmunizations as recommended on a regular basis for diphtheria, tetanus, pertussis, polio, measles, and other diseases as identified. N.J. Admin. Code tit. 10, § 10:48-2.14 requires that, prior to admission, at least one dose of hepatitis B shall be administered to any individual who has been tested pursuant to the recommendations of the CDC Report Number 50. For emergency admissions where admission occurs before testing and immunization can be initiated, then full hepatitis B vaccination and immunization shall take place as part of the initial admission medical evaluation. Also note N.J. Admin. Code tit. 10, § 10:128-10.16 and N.J. Admin. Code tit. 10, § 10:128-7.2(e), relating to “group homes.” N.J. Admin. Code tit. 10, § 10:128-10.16 requires that the home ensure that all toddlers, infants, and children receive the following childhood immunizations and boosters in accordance with specified recommendations: diphtheria, tetanus, pertussis (DPT) or diphtheria and tetanus toxoids and accellular pertussis (DTaP) vaccine; inactivated poliovirus vaccine (IPV) or all-oral poliovirus vaccine (OPV); measles-mumps-rubella vaccine (MMR); Haemophilus influenzae type b (Hib) vaccine; hepatitis B vaccine; and varicella virus vaccine. N.J. Admin. Code tit. 10, § 10:128-7.2(e) requires that the home ensure all children are appropriately immunized. N.J. Admin. Code tit. 10, § 10:128-1.2 defines “group homes” as any public or private establishment other than foster care that provides board, lodging, care, and treatment services on a 24-hour a day basis to 12 or fewer children in a homelike, community setting. However, the law fails to clarify whether the definition of “group homes” set forth in N.J. Admin. Code tit. 10, § 10:128-1.2 covers residential facilities for the developmentally disabled or mentally retarded. |
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