reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-6 - Organization of division; rules and regulations

26:2G-6. Organization of division; rules and regulations
(a) The director shall organize the division and establish therein such bureaus and subordinate organizational units as he may deem necessary and expedient. He may formulate and adopt rules and regulations and prescribe duties for the efficient conduct of the business work and general administration of the division, its officers and employees. In addition the director may delegate to subordinate officers or employees in the division such of his powers as he may deem desirable, to be exercised under his supervision and direction.
(b) The director shall designate any officer or employee in the department to perform all of the powers, functions and duties of the director during the absence or disability of the director. Such designation shall be subject to the approval of the Governor, and the Commissioner of Health, and shall be in writing and filed with the Secretary of State. In the event that the director shall die, resign or be removed from his office or become disqualified to execute the duties of his office or a vacancy shall occur in the office of director for any cause whatever, the person designated as aforesaid shall have and exercise the powers and perform the functions, powers and duties of the director until the successor of the director is appointed and shall qualify.
L.1969, c. 152, s. 6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-7 - Federal grants

26:2G-7. Federal grants
The director may apply for and accept on behalf of the State any grants from the Federal Government or any agency thereof, or from any foundation, corporation, association or individual, and may comply with the terms, conditions and limitations thereof, for any of the purposes of the division. Any money so received may be expended by the division, subject to any limitations imposed in such grants to effect any of the purposes of the division, as the case may be, upon warrant of the Director of the Division of Budget and Accounting of the Department of the Treasury on vouchers certified and approved by the director. The power herein granted shall be in addition to and shall in no way limit the authority granted to the director by other existing law.
L.1969, c. 152, s. 7.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-8 - Appropriations

26:2G-8. Appropriations
All appropriations and other moneys available and to become available to any department, division, bureau or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Division of Narcotic and Drug Abuse Control, are hereby transferred to the Division of Narcotic and Drug Abuse Control established hereunder, and shall be available for the objects and purposes for which appropriated, subject to any terms, restrictions, limitations or other requirements imposed by State or Federal law.
L.1969, c. 152, s. 8.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-9 - Transfer of certain employees to division of narcotic and drug abuse control

26:2G-9. Transfer of certain employees to division of narcotic and drug abuse control
Such employees of any department, commission, council, board, authority, office or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Division of Narcotic and Drug Abuse Control or to any office, authority or agency designated, continued or constituted therein, as the Director of Narcotic and Drug Abuse Control may determine are needed for the proper performance of the functions and duties imposed upon the Division of Narcotic and Drug Abuse Control, or such office, authority or agency therein, are hereby transferred to the department, division, office, authority or agency to which such functions, powers and duties have been herein assigned or transferred.
L.1969, c. 152, s. 9.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-10 - Civil service, pension and retirement protected

26:2G-10. Civil service, pension and retirement protected
Nothing in this act shall be construed to deprive any person of any tenure rights or of any right or protection provided him by Title 11, Civil Service, of the Revised Statutes, or under any pension law or retirement system.
L.1969, c. 152, s. 10.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-11 - Transfer of certain files, books, papers, records and equipment to division of narcotic and drug abuse control

26:2G-11. Transfer of certain files, books, papers, records and equipment to division of narcotic and drug abuse control
All files, books, papers, records, equipment and other property of any department, commission, council, board, office, authority or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Division of Narcotic and Drug Abuse Control or to any office, authority or agency designated, continued or constituted hereunder, shall upon the effective date of this act be transferred to the department, division, office, authority or agency to which such assignment or transfer has been made hereunder.
L.1969, c. 152, s. 11.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-12 - Orders, rules and regulations heretofore made not affected by this act

26:2G-12. Orders, rules and regulations heretofore made not affected by this act
This act shall not affect the orders, rules and regulations heretofore made or promulgated by any department, commission, council, board, authority, officer or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Division of Narcotic and Drug Abuse Control or to any officer, authority or agency designated, continued or constituted hereunder; but such orders, rules and regulations shall continue with full force and effect until amended or repealed pursuant to law.
L.1969, c. 152, s. 12.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-13 - Actions or proceedings not affected by this act

26:2G-13. Actions or proceedings not affected by this act
This act shall not affect actions or proceedings, civil or criminal, brought by or against any department, commission, council, board, authority, officer or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Division of Narcotic and Drug Abuse Control or to any officer, authority or agency designated, continued or constituted hereunder, and pending on the effective date of this act, but such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by the department, division, office, authority or agency to which such assignment or transfer has been made hereunder, as if the foregoing provisions had not taken effect; nor shall any of the foregoing provisions affect any order or recommendation made by, or other matters or proceedings before, any department, commission, council, board, officer, authority or agency, the functions, powers and duties of which have been herein assigned or transferred to the Division of Narcotic and Drug Abuse Control or to any officer, authority or agency designated, continued or constituted hereunder, and all such matters or proceedings pending before such department, commission, council, board, officer, authority or other agency on the effective date of this act shall be continued by the department, division, officer, authority or agency to which such assignment or transfer has been made hereunder, as if the foregoing provisions had not taken effect.
L.1969, c. 152, s. 13.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-14 - Applications or requests; filing

26:2G-14. Applications or requests; filing
Unless specifically otherwise provided in this act or by any operative law, whenever, pursuant to existing law, reports, certifications, applications or requests are required or permitted to be made to the department, board, division, commission, office or officer, whose powers and duties are herein assigned or transferred, such reports and certifications shall hereafter be required to be filed with, and such applications or requests shall hereafter be made to, the department, division, officer or agency to which such assignment or transfer has been made hereunder.
L.1969, c. 152, s. 14.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-15 - Repeal of inconsistent acts

26:2G-15. Repeal of inconsistent acts
All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, hereby repealed.
L.1969, c. 152, s. 15.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-16 - Partial invalidity

26:2G-16. Partial invalidity
If any provision of this act or the application thereof to any person or circumstances or the exercise of any power or authority thereunder is held invalid or contrary to law, such holding shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or applications or affect other exercises of power or authority under said provisions not contrary to law, and to this end the provisions of this act are declared to be severable.
L.1969, c. 152, s. 16.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-21 - Narcotic and drug abuse treatment centers; public policy

26:2G-21. Narcotic and drug abuse treatment centers; public policy
It is declared to be the public policy of this State to provide for the development, establishment and enforcement of basic standards to insure safe care and adequate treatment of individuals in narcotic and drug abuse treatment centers, as hereinafter defined.
L.1970, c. 334, s. 1, eff. Dec. 29, 1970.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-22 - Definitions.

26:2G-22 Definitions.
2. As used in this act:
"Commissioner" means the Commissioner of Health.
"Narcotic drug" means any narcotic, drug, or dangerous controlled substance, as defined in any law of the State of New Jersey or of the United States.
"Patient" means a person with a substance use disorder, or who otherwise has a physical or mental impairment from the use of narcotic drugs and who requires continuing care of a substance use disorder treatment center.
"Substance use disorder treatment center" means any establishment, facility or institution, public or private, whether operated for profit or not, which primarily offers, or purports to offer, maintain, or operate facilities for the residential or outpatient diagnosis, care, treatment, or rehabilitation of two or more nonrelated individuals, who are patients as defined herein, excluding, however, any hospital or mental hospital otherwise licensed by Title 30 of the Revised Statutes.
L.1970, c.334, s.2; amended 2017, c.131, s.88; 2023, c.177, s.83.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-23 - Certificate of approval; application.

26:2G-23 Certificate of approval; application.
3. No narcotic and substance use disorder treatment center shall operate within this State except pursuant to a certificate of approval obtained from the commissioner, upon application made therefor. Such application shall be made upon forms furnished by the commissioner, shall set forth the location of the narcotic and substance use disorder treatment center, the person in charge thereof, and the facilities for caring for patients who may seek treatment therein. The applicant shall be required to furnish evidence of its ability to comply with minimum standards established hereunder and of the good moral character of the applicant and the person in charge of the narcotic and substance use disorder treatment center. Any change in the facts set forth in the application shall be reported to the commissioner within 10 days after the occurrence thereof.
L.1970, c.334, s.3; amended 2017, c.131, s.89.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-24 - Investigation of applicant, facilities; issuance of certificate.

26:2G-24 Investigation of applicant, facilities; issuance of certificate.
4. Upon receipt of an application for a certificate of approval, the commissioner shall cause an investigation to be made of the applicant and the facilities, and shall issue a certificate of approval if it is found that the applicant is of good moral character and that the facilities comply with the provisions of this act and with the regulations and standards required by the commissioner pursuant hereto. The certificate of approval shall not be transferable or assignable or applicable to any premises or proprietor other than those specified therein. The certificate shall be conspicuously displayed within the narcotic and substance use disorder treatment center at all times.
L.1970, c.334, s.4; amended 2017, c.131, s.90.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-25 - Rules, regulations, minimum standards for treatment.

26:2G-25 Rules, regulations, minimum standards for treatment.
5. The commissioner shall adopt, amend, promulgate and enforce such rules, regulations and minimum standards for the treatment of patients of narcotic and substance use disorder treatment centers as may be reasonably necessary to accomplish the purposes of P.L.1970, c.334 (C.26:2G-21 et seq.). Such narcotic and substance use disorder treatment centers may be classified into two or more classes with appropriate rules, regulations and minimum standards for each such class. No narcotic or drug abuse treatment center, transitional sober living home, halfway house, or other residential aftercare facility shall be permitted to deny admission to a prospective client on the basis that the person is currently receiving medication assisted treatment for a substance use disorder administered by a licensed treatment provider, including but not limited to methadone, buprenorphine, naltrexone, or any other medication approved by the Food and Drug Administration for the treatment of a substance use disorder.
The rules and regulations adopted pursuant to this section shall, at a minimum, require a transitional sober living home, halfway house, or other residential aftercare facility to provide notice to a patient's spouse, parent, legal guardian, designated next of kin, or other designated emergency contact, whenever the patient voluntarily withdraws, or is involuntarily evicted from, such facility, provided that: (1) such notice is provided in a manner that is consistent with federal requirements under 42 CFR Part 2 and federal HIPAA requirements under 45 CFR Parts 160 and 164; and (2) the patient, if an adult, has not withheld consent for such notice or expressly requested that notification not be given. If a patient who is not incapacitated withholds consent for such notice, or expressly requests that notification not be given, the department shall require the patient's wishes to be respected unless the patient is a minor child or adolescent, in which case, the department shall require the minor's parent, legal guardian, designated next of kin, or other designated emergency contact to be notified, provided that such notification is not inconsistent with, and would not violate, federal requirements under 42 CFR Part 2 and federal HIPAA requirements under 45 CFR Parts 160 and 164.
L.1970, c.334, s.5; amended 2015, c.284, s.2; 2017, c.131, s.91; 2017, c.256, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-25.1 - Database relative to availability of beds in residential substance use disorders treatment facilities.

26:2G-25.1 Database relative to availability of beds in residential substance use disorders treatment facilities.
1. a. The Division of Mental Health and Addiction Services in the Department of Human Services shall oversee the development and maintenance of a database, which shall collect and track the daily information received pursuant to section 2 of this act about the number of open beds that are available for treatment in each residential substance use disorders treatment facility in the State that receives State or county funding.
b. The information maintained in the database shall include, by county:
(1) the address and telephone number of the residential substance use disorders treatment facility;
(2) the type of services provided by the facility;
(3) the licensed bed capacity of the facility; and
(4) the number of open beds that are available for treatment, based on the information received pursuant to section 2 of this act.
c. The information described in subsection b. of this section shall be:
(1) prominently displayed on the website of the department;
(2) made available to the public, upon request, through the addictions telephone hotline and the Statewide 2-1-1 telephone system; and
(3) made available using any other means that the Commissioner of Human Services deems appropriate.
d. The commissioner is authorized to solicit, receive, and accept grants, funds, or anything of value from any public or private entity and receive and accept contributions of money, property, labor, or any other thing of value from any legitimate source for the purpose of the development and maintenance of a database pursuant to this act.
L.2015, c.293, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-25.2 - Submission of information for publication on database.

26:2G-25.2 Submission of information for publication on database.
2. Each residential substance use disorders treatment facility in the State that receives State or county funding shall submit to the database developed and maintained pursuant to section 1 of this act, no less than once a day, information advising of the number of open beds that are available for treatment on that day.
L.2015, c.293, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-26 - Inspection

26:2G-26. Inspection
The commissioner shall make or cause to be made such inspection of the premises, for which a certificate of approval has been issued, from time to time, as he may deem necessary to be assured that the holder thereof and the premises comply at all times with the provisions of this act and the rules and regulations promulgated, and the minimum standards established hereunder.
L.1970, c. 334, s. 6, eff. Dec. 29, 1970.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-27 - Denial, revocation or suspension of certificate of approval; notice; hearing; order; appeal

26:2G-27. Denial, revocation or suspension of certificate of approval; notice; hearing; order; appeal
The commissioner after a hearing may deny, revoke, or suspend any certificate of approval granted under authority of this act to any person, firm, partnership, corporation or association violating the provisions hereof or the rules and regulations promulgated hereunder.
Notice of the pending revocation, suspension, or denial of a certificate of approval together with a specification of charges shall be sent to the applicant or holder of a certificate of approval by registered mail and the notice shall set forth the particular reasons for the denial, suspension, or revocation of the license. Such denial, suspension, or revocation shall become effective 30 days after mailing, unless the applicant or holder of a certificate of approval, within such 30-day period shall meet the requirements of the commissioner, or shall give written notice to the commissioner of its desire for a hearing, in which case the denial, suspension, or revocation shall be held in abeyance until the hearing has been concluded and a final decision rendered; provided, however, that such applicant or holder of a certificate of approval may appeal from such denial, suspension, or revocation, to any court having jurisdiction of such matters.
The commissioner shall arrange for prompt and fair hearings on all such cases, render written decisions stating conclusions and reasons therefor upon each matter so heard, and is empowered to enter orders of denial, suspension, or revocation consistent with the circumstances in each case.
L.1970, c. 334, s. 7, eff. Dec. 29, 1970.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-28 - Unauthorized operation of treatment center; penalties; action to recover penalty.

26:2G-28 Unauthorized operation of treatment center; penalties; action to recover penalty.
8. Any person, firm, corporation, partnership, society or association who shall operate or conduct a narcotic and substance use disorder treatment center without first obtaining the certificate of approval required by this act, or who shall operate such establishment after revocation or suspension of a certificate of approval, shall be liable to a penalty of $25 for each day of operation in violation hereof for the first offense and for any subsequent offense shall be liable to a penalty of $50 for each day of operation in violation hereof.
The penalties authorized by this section shall be recovered in a summary proceeding instituted by the Attorney General, at the request of the commissioner, pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Money penalties, when recovered, shall be payable to the General State Fund.
L.1970, c.334, s.8; amended 2017, c.131, s.92.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-29 - Unauthorized operation of treatment center; injunction.

26:2G-29 Unauthorized operation of treatment center; injunction.
9. The commissioner may, in the manner provided by law, maintain an action in the name of the State of New Jersey for injunctive relief against any person, firm, corporation, partnership, society or association, continuing to conduct, manage, or operate a narcotic and substance use disorder treatment center without a certificate of approval, or after suspension or revocation of such certificate.
L.1970, c.34, s.9; amended 2017, c.131, s.93.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-30 - Date of compliance for treatment center in operation at time of promulgation of rules and regulations

26:2G-30. Date of compliance for treatment center in operation at time of promulgation of rules and regulations
Any facility for which a certificate of approval is required which is in operation at the time of promulgation of rules and regulations and minimum standards hereunder shall obtain such certificate and comply with such rules and regulations and minimum standards within 90 days after promulgation.
L.1970, c. 334, s. 10, eff. Dec. 29, 1970.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-31 - Public policy.

26:2G-31 Public policy.
1. It is declared to be the public policy of this State that the prevention of substance use, substance use disorders and the treatment and rehabilitation of persons with substance use disorders is a matter of grave concern to the people of the State and requires that a comprehensive program be established to provide the broadest spectrum of medical and community services possible for local treatment and counseling facilities on a Statewide basis. Further, this Statewide effort must avoid divisiveness, organizational uncertainty, unnecessary duplication of efforts and unproductive controversy and, therefore, will require coordination and supervision of local operations through strategically placed regional centers, all to be administered through the Division of Mental Health and Addiction Services in the Department of Human Services.
L.1971, c.128, s.1; amended 2017, c.131, s.94.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-32 - Definitions

26:2G-32. Definitions
As used in this act:
(a) "Commissioner" means the Commissioner of the New Jersey State Department of Health, or the person specifically designated by him to perform his functions and duties pursuant to this act.
(b) "System" means the Statewide system of Drug Abuse Treatment and Counseling Clinics established hereunder.
L.1971, c. 128, s. 2, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-33 - Establishment; administration; outreach offices

26:2G-33. Establishment; administration; outreach offices
The Commissioner of the Department of Health shall establish a Statewide system of Drug Abuse Treatment and Counseling Clinics. The system shall be administered by the commissioner through regional centers organized to supervise and coordinate the operation of clinics in certain areas. Outreach offices may also be established to assist the clinics in their operation. The number and location of such clinics, regional centers and outreach offices shall be as the commissioner determines after appropriate study.
L.1971, c. 128, s. 3, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-34 - Program of medical and community services.

26:2G-34 Program of medical and community services.
4. The clinics, regional centers, and outreach offices established hereunder shall provide a complete program of medical and community services in connection with all aspects of substance use, substance use disorder, and related problems, including, but not by way of limitation, the following:
educational programs;
confidential drug counseling;
vocational guidance and job placement;
psychiatric, psychological, and social case work services;
induction and outreach services;
24-hour telephone emergency capability;
urine monitoring;
detoxification;
methadone maintenance;
individual and community prevention program;
individual self-help and group therapy;
referral services for in-patient treatment;
all areas of treatment and rehabilitation of persons with substance use disorder;
aftercare treatment; and
probation services for the courts and correctional systems.
L.1971, c.128, s.4; amended 2017, c.131, s.95.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-35 - Employees, advisers and consultants; appointment

26:2G-35. Employees, advisers and consultants; appointment
The Commissioner of the Department of Health shall appoint and employ subject to the provisions of Title 11 of the Revised Statutes such employees, advisers, and consultants as he deems necessary to carry out the provisions of this act. The President of the Civil Service Commission and the Commissioner of the Department of Health shall determine which, if any, of such appointments need not comply with the provisions of said Title.
L.1971, c. 128, s. 5, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-36 - Rules and regulations; state and other clinics

26:2G-36. Rules and regulations; state and other clinics
The commissioner is authorized to adopt, promulgate and enforce rules and regulations and establish operating standards which shall be applicable to clinics which are part of the system established hereunder and to persons, groups or agencies which are not part of said system but which offer the same or similar programs or services.
L.1971, c. 128, s. 6, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-37 - Acceptance of gifts, grants, etc.

26:2G-37. Acceptance of gifts, grants, etc.
The commissioner is authorized to contract for and to accept any gifts, grants, devises, bequests, funds, facilities, property, services, or assistance in any form from the Federal Government, or any agency or instrumentality thereof, or from any private agency or person for any of the purposes of this act. Any moneys so received may be expended by the commissioner to effectuate the purposes of this act, subject to the same limitation as to approval of expenditures and audits as are prescribed for State moneys appropriated for the purposes of this act.
L.1971, c. 128, s. 7, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-38 - Annual preparation of Substance Use Treatment Provider Performance Report.

26:2G-38 Annual preparation of Substance Use Treatment Provider Performance Report.
1. a. The Division of Mental Health and Addiction Services in the Department of Human Services shall annually prepare a Substance Use Treatment Provider Performance Report in accordance with the provisions of this section.
b. The performance report shall show and compare the overall performance of each substance use treatment provider in the State with the Statewide average performance based on national outcome measures for each level of care. The division shall use the national outcome measures identified in subsection c., and, as appropriate, any other national outcome measures identified by the Substance Abuse and Mental Health Services Administration.
c. The performance report shall include the following national outcome measures: (1) percentage of clients abstinent from alcohol on admission and discharge; (2) percentage of clients abstinent from drugs on admission and discharge; (3) percentage of clients employed on admission and discharge; (4) percentage of clients enrolled in school or a job training program at admission and discharge; (5) percentage of clients who are homeless on admission and discharge; and (6) average length of client treatment. The performance report may also include any other information the Assistant Commissioner deems appropriate.
d. The division shall post the performance report on its website, and shall make a hard copy of the report available to the public, upon request.
e. As used in this section:
"Assistant Commissioner" means the Assistant Commissioner for the New Jersey Division of Mental Health and Addiction Services in the Department of Human Services.
"Client" means a person who received treatment for substance use from a substance use treatment provider during the annual reporting period.
"Substance use treatment provider" means any substance use treatment provider licensed by the Department of Human Services.
L.2015, c.9, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-41 - Attorney General, agreements, allocated moneys, national opioid litigation resolutions.

26:2G-41 Attorney General, agreements, allocated moneys, national opioid litigation resolutions.
3. The Attorney General, in consultation with the Commissioner of Human Services, shall be authorized to enter into agreements with counties and municipalities concerning the allocation and expenditure of moneys allocated to the State and its counties and municipalities in any national opioid litigation resolution.
L.2023, c.25, s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-42 - County advisory councils, national opioid litigation resolution, disbursement, received moneys.

26:2G-42 County advisory councils, national opioid litigation resolution, disbursement, received moneys.
4. A county that directly receives moneys as a result of a national opioid litigation resolution shall establish an advisory council to provide input, advice, and recommendations on the disbursement of such moneys and, if requested by a municipality within the county, on the disbursement of moneys from a national opioid litigation resolution received by the municipality. Each county advisory council shall, at a minimum, consist of a member possessing expertise in substance use disorder treatment or prevention, a member representing a provider of behavioral health or substance use disorder treatment in the community, a member with personal experience with substance use and substance use disorder issues, the county prosecutor or the county prosecutor's designee, and an individual authorized to appropriate funds on behalf of the governing body of the county or such individual's designee. A county advisory council may include any additional members as the county deems necessary and appropriate.
L.2023, c.25, s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2G-43 - Report to Governor, Legislature; State expenditure, opioid litigation resolution proceeds.

26:2G-43 Report to Governor, Legislature; State expenditure, opioid litigation resolution proceeds.
5. a. No later than 12 months after the effective date of this act, and annually thereafter until all proceeds from national opioid litigation resolutions have been expended, the Department of Human Services, in consultation with the Opioid Recovery and Remediation Advisory Council, shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the details of the allocations made with the funds appropriated from the Opioid Recovery and Remediation Fund. The information shall include the allocation amount, program description, involved community providers, goals of the program, and outcome measures to be used to determine program efficacy.
b. No later than 180 days after all proceeds from national opioid litigation resolutions have been expended, the Department of Human Services shall prepare and issue to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a final report concerning the State's expenditure of opioid litigation resolution proceeds, including: the amounts allocated; descriptions of the programs funded using the proceeds; community providers involved in programs receiving allocations from the proceeds; outcomes from programs receiving allocations from the proceeds; overall outcomes resulting from the expenditure of the proceeds, including changes in substance use disorder rates, overdose deaths, participation in substance use disorder treatment and recovery programs, successful treatment outcomes, outcomes involving dual diagnoses involving substance use disorders in combination with other behavioral health conditions, and expansions in substance use disorder and other behavioral health care provider and treatment capacity; and such other information and data as the department deems necessary to fully evaluate the use of opioid litigation resolution funds pursuant to this act.
c. The department shall post the information and reports required pursuant to this section on its Internet website.
L.2023, c.25, s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-1 - Declaration of public policy.

26:2H-1 Declaration of public policy.
1. It is hereby declared to be the public policy of the State that hospital and related health care services and behavioral health care services of the highest quality, of demonstrated need, efficiently provided and accessible at a reasonable cost are of vital concern to the public health. It is further declared that integrating physical and behavioral health care is the most effective way to improve the health of individuals and the population at large. In order to provide for the protection and promotion of the health of the inhabitants of the State, the Department of Health shall have the central responsibility for the development and administration of the State's policy with respect to health planning, hospital and related health care services and health care facility cost containment programs, behavioral health treatment and prevention programs, and all public and private institutions, whether State, county, municipal, incorporated or not incorporated, serving principally as residential health care facilities, nursing or maternity homes, or as facilities for the prevention, diagnosis, care, or treatment of human disease, mental illness, substance use disorder, pain, injury, deformity, or physical condition, shall be subject to the provisions of this act.
L.1971, c.136, s.1; amended 1978, c.83, s.1; 1979, c.496, s.19; 1991, c.187, s.27; 1992, c.160, s.21; 2017, c.294, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-4 - Health Care Administration Board; membership; appointment; terms; vacancies; meetings; compensation

26:2H-4. Health Care Administration Board; membership; appointment; terms; vacancies; meetings; compensation
4. There shall be in the State Department of Health, a Health Care Administration Board which shall consist of 13 members, 11 of whom shall be appointed by the Governor with the advice and consent of the Senate, and representative of medical and health care facilities and services, labor, industry and the public at large, and two of whom shall be ex officio members. Of the 11 members appointed by the Governor, no less than six shall be consumers of health care services who are not providers of health care services, and at least one shall be representative of long-term health care facilities or services. The State Commissioner of Health and the Commissioner of Insurance or their designated representatives, shall be exofficio voting members of the board and shall serve on the board during their respective terms of office. Of the original members appointed to the board, four shall be appointed for terms of three years, four for terms of two years, and three for terms of one year. Following the expiration of the initial terms, members of the board shall be appointed for terms of four years. Any vacancy occurring in the membership of the board shall be filled in the same manner as the original appointment, but for the unexpired term only. Appointive members of the board shall continue to serve as voting members until their successors are appointed. The board shall meet at least quarterly and at such other times as its rules may prescribe or as in its judgment, may be necessary. The appointive members of the board shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.
Members serving on the board on the effective date of this act shall continue to serve until the expiration of their terms. Successors shall be appointed only from among consumers of health care services who are not providers of such services until there are at last six such members on the board. Successors shall thereafter be appointed from among both consumers and providers of health care services in a manner consistent with the terms of this act.
L.1971,c.136,s.4; amended 1978,c.83,s.4; 1993,c.56.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5 - Commissioner's powers.

26:2H-5 Commissioner's powers.
5. a. The commissioner, to effectuate the provisions and purposes of this act, shall have the power to inquire into health care services and the operation of health care facilities and to conduct periodic inspections of such facilities with respect to the fitness and adequacy of the premises, equipment, personnel, rules and bylaws and the adequacy of financial resources and sources of future revenues.
b. The commissioner, with the approval of the board, shall adopt and amend rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the provisions and purposes of this act, including but not limited to: (1) the establishment of requirements for a uniform Statewide system of reports and audits relating to the quality of health care provided, health care facility utilization and costs; (2) certification by the department of schedules of rates, payments, reimbursement, grants and other charges for health care services as provided in section 18; and (3) standards and procedures relating to the licensing of health care facilities and the institution of certain additional health care services.
c. The commissioner may enter into contracts with any government agency, institution of higher learning, voluntary nonprofit agency, or appropriate planning agency or council; and such entities are authorized to enter into contracts with the commissioner to effectuate the provisions and purposes of this act.
d. The commissioner may provide consultation and assistance to health care facilities in operational techniques, including but not limited to, planning, principles of management, and standards of health care services, and, in the case of a general hospital, to appoint a monitor if the commissioner determines that a monitor is warranted for a hospital that is in financial distress or at risk of being in financial distress, and to participate in the development and oversight of corrective measures to resolve a hospital's financial or potential financial difficulties, pursuant to section 2 of P.L.2008, c.58 (C.26:2H-5.1a).
e. At the request of the commissioner, health care facilities shall furnish to the Department of Health and Senior Services such reports and information as it may require to effectuate the provisions and purposes of this act, excluding confidential communications from patients.
f. The commissioner may institute or cause to be instituted in a court of competent jurisdiction proceedings to compel compliance with the provisions of this act or the determinations, rules, regulations and orders of the commissioner.
g. Notwithstanding any rules and regulations governing private long-term health care facilities and enforcing the 1967 Life Safety Code, as amended and supplemented, the commissioner shall permit third floor occupancy of such facilities by owners, members of their immediate families, and licensed professionals employed at such facilities.
L.1971, c.136, s.5; amended 1977, c.251, s.2; 1998, c.43, s.3; 2008, c.58,s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5a - Coordination of hospital inspections

26:2H-5a. Coordination of hospital inspections
The Commissioner of Health shall, to the extent possible and reasonable within the Department of Health's responsibilities under P.L.1971, c.136 (C.26:2H-1 et seq.), coordinate its annual inspection of a hospital with the triennial inspection conducted by the Joint Commission for the Accreditation of Healthcare Organizations to prevent duplication during the inspection process.
L.1991,c.187,s.81.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5b - Routine monitoring of pain as fifth vital sign required.

26:2H-5b Routine monitoring of pain as fifth vital sign required.
1. a. The Commissioner of Health shall prescribe, by regulation, requirements to be adopted by health care facilities licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) for the routine monitoring of pain as a fifth vital sign in patients, in addition to blood pressure, pulse, respiration, and temperature.
For the purpose of this subsection, the commissioner shall require health care facilities to:
(1) routinely inquire whether a patient is in pain;
(2) maintain policies and procedures as prescribed by the commissioner for asking patients to rate their degree of pain for a specified period of time and to record their responses; and
(3) routinely record levels of pain intensity on patient charts.
b. The requirements to be adopted pursuant to subsection a. of this section shall take effect no later than the 180th day after the effective date of this act.
L.2000, c.62, s.1; amended 2012, c.17, s.154.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5c - Rules, regulations.

26:2H-5c Rules, regulations.
2. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act, for which purpose the commissioner shall consult, at a minimum, with: the State Board of Medical Examiners, the New Jersey Board of Nursing, the Board of Pharmacy, the New Jersey Hospital Association, the New Jersey Association of Health Care Facilities, the Medical Society of New Jersey, the New Jersey Association of Osteopathic Physicians and Surgeons, the New Jersey State Nurses Association, the Home Health Assembly of New Jersey, and the New Jersey Hospice and Palliative Care Organization.
L.2000, c.62, s.2; amended 2012, c.17, s.155.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5d - Provision of information by home health agency to patient.

26:2H-5d Provision of information by home health agency to patient.
1. a. The Commissioner of Health, in consultation with the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, shall require that, no later than the 180th day after the date of enactment of this act, each home health agency licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall provide the following information to each patient receiving home-based services from that agency, or to a person designated by the patient:
(1) the name and certification or licensure title, as applicable, of the homemaker-home health aide or other health care professional whose practice is regulated pursuant to Title 45 of the Revised Statutes, to be displayed on an identification tag as required for homemaker-home health aides by regulation of the New Jersey Board of Nursing, or as otherwise to be prescribed by regulation of the commissioner for other health care professionals, that the homemaker-home health aide or other health care professional shall wear at all times while examining, observing, or caring for the patient; and
(2) a copy of the most current edition of the consumer guide to homemaker-home health aides published by the New Jersey Board of Nursing.
b. The consumer guide required pursuant to subsection a. of this section shall be provided:
(1) in advance of the provision of services to the patient, whenever possible; and
(2) otherwise upon the homemaker-home health aide's initial visit to the patient's home.
c. Beginning on the first day of the 13th month after the date of enactment of this act, the identification tag required pursuant to subsection a. of this section shall include a photograph of the homemaker-home health aide or other health care professional.
d. The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this section.
L.2002, c.81, s.1; amended 2012, c.17, s.156.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2H-5d1 - Home health agency to comply with standards for treatment of hemophilia.

26:2H-5d1 Home health agency to comply with standards for treatment of hemophilia.
1. Each home health agency licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) that provides home care services to an individual with hemophilia shall, when those services include treatment services for bleeding episodes associated with hemophilia, comply with the standards for a provider as provided in subsection a. of section 1 of P.L.2001, c.121 (C.26:2S-10.1). A home health agency that provides home treatment services that include treatment services for bleeding episodes associated with hemophilia that fails to comply with the requirements of this section or the standards provided in subsection a. of section 1 of P.L.2001, c.121 (C.26:2S-10.1) shall be subject to such administrative penalties or disciplinary action as the Commissioner of Health shall prescribe by regulation.
L.2019, c.322, s.1.