8:36-10.1       Qualifications of dietitians


The dietitian shall possess a bachelor’s degree from an accredited college or university with a major area of concentration in a nutrition-related field of study, and one year of full-time professional experience or graduate-level training in nutrition.


8:36-10.2       Provision of meals


The assisted living residence or comprehensive personal care home shall provide dining services to meet the daily nutritional needs of residents, directly in the facility.


8:36-10.3       Designation of a food service coordinator


The facility shall designate a food service coordinator who, if not a dietitian, functions with scheduled consultation from a dietitian. When meals are prepared in the facility, the food service coordinator or designee shall be present in the facility. The food service coordinator shall ensure that dining services are provided as specified in the dining portion of the health care plan.


8:36-10.4       Responsibilities of dietitians


(a) If indicated, according to residents’ needs, a dietitian shall be responsible for providing resident care, including, but not limited to, the following:


  1. Assessing the nutritional needs of the resident. If indicated, preparing the dietary portion of the health care plan on the basis of the assessment, providing dietary services to the resident as specified in the dietary portion of the health plan, reassessing the resident, and revising the dietary portion of the health care plan. Each of these activities shall be documented in the resident’s record; and


  1. Providing nutritional counseling and education to


8:36-10.5       Requirements for dining services


  • The facility and personnel shall comply with the provisions of N.J.A.C. 8:24, Retail Food Establishments and Food and Beverage Vending Machines Chapter XII of the New Jersey Sanitary


  • A current diet manual shall be available to the dining service personnel and to the nursing service



  • Meals shall be planned, prepared, and served in accordance with, but not limited to, the following:


  1. At least three meals shall be prepared and served daily to residents;


  1. The facility shall select foods and beverages, which include fresh and seasonal foods, and shall prepare menus with regard to the nutritional and therapeutic needs, cultural backgrounds, food habits, and personal preference of residents;


  1. Written, dated menus shall be planned at least 14 days in advance for all diets. The same menu shall not be used more than once in any continuous seven-day period;


  1. Current menus with portion sizes and any changes in menus shall be posted in the food preparation area. Menus shall be posted in a conspicuous place in residents’ area, and/or a copy of the menu shall be provided to each resident. Any changes or substitutes in menus shall be posted or provided in writing to each resident. Menus, with changes or substitutes, shall be kept on file in the facility for at least 30 days;


  1. Diets served shall be consistent with the diet manual, the dietitian’s instructions, and, if applicable for special diets, shall be served in accordance with physicians’ orders;
  2. Nutrients and calories shall be provided for each resident, based upon current recommended dining allowances In the Dietary Reference Intake Tables of the Food and Nutrition Board of the National Academy of Sciences, National Research Council, incorporated herein by reference, as amended and supplemented, available on the Internet at http://www.iom.edu/Object.File/Master/21/372/0.pdf or by calling 1-800-624- 6242. These allowances are to be adjusted for age, sex, weight, physical activity, and therapeutic needs of the resident, if applicable;
  3. Between-meal snacks and beverages shall be available at all times for each resident, unless medically contraindicated as documented by a physician in the resident’s health care plan;


  1. Substitute foods and beverages of equivalent nutritional value shall be available to all residents;


  1. In the case of a resident who has a health care plan in which diet is identified as a service, the staff shall observe whether meals are refused or missed and shall document this information;


  1. All meals shall be served at the proper temperature and shall be attractive when served to Place settings and condiments shall be appropriate to the meal;


  1. Seatings shall be arranged for each meal in order to accommodate individual resident’s meal-time preferences, in accordance with facility policies;


  1. In the case of a resident who has a health service plan in which diet is identified as a service, a record shall be maintained for such resident, identifying the resident by name, diet order, if applicable, and other information, such as meal patterns, when on a calculated diet and allergies; and


  1. If the resident is ill, meals shall be served in his or her apartment, as indicated in the resident service plan and in accordance with facility


8:36-10.6       Commercial food management services


If a commercial food management firm provides dining services, the firm shall be required to conform to the standards of this subchapter.