reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2AA-2 - Findings, declarations relative to reflex sympathetic dystrophy syndrome (RSDS) education and research program.

26:2AA-2 Findings, declarations relative to reflex sympathetic dystrophy syndrome (RSDS) education and research program.
2. The Legislature finds and declares that:
a. Reflex sympathetic dystrophy syndrome (RSDS), also known as complex regional pain syndrome, is a debilitating and progressively chronic condition characterized by severe burning pain, pathological changes in bone and skin, excessive sweating, tissue swelling and extreme sensitivity to touch;
b. More specifically, RSDS is thought to be a nerve disorder that generally occurs at the site of a minor or major trauma injury, but may also occur without an apparent injury to the afflicted person;
c. While the causes of RSDS are unknown, the syndrome is thought to be the result of damaged nerves of the sympathetic nervous system;
d. The disorder is unique in that it simultaneously affects the nerves, skin, muscles, blood vessels and bones, and if untreated, can result in permanent deformity and chronic pain;
e. RSDS is often misdiagnosed because this condition is either unknown or is poorly understood; the prognosis for patients suffering from RSDS is generally much better when the condition is identified and treated as early as possible, ideally within three months of identifying the first symptoms;
f. If treatment is delayed, the disorder can quickly spread to the entire limb, and changes in bone and muscle may become irreversible, resulting in limited mobility, atrophy of the muscles and eventual permanent disability of patients; and
g. Since a delay in diagnosis or treatment for this syndrome can result in severe physical and physiological problems, and early recognition and prompt treatment of RSDS provides the greatest opportunity for recovery, it is in the best interest of the public to establish a program to educate both individuals and medical professionals regarding this debilitative condition and to promote research to accurately identify, diagnose and treat RSDS.
L.2007, c.255, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2AA-3 - Definitions relative to RSDS.

26:2AA-3 Definitions relative to RSDS.
3. As used in this act:
"Commissioner" means the Commissioner of Health; and
"Reflex sympathetic dystrophy syndrome" or "RSDS" means a debilitating and progressively chronic condition characterized by severe burning pain, pathological changes in bone and skin, excessive sweating, tissue swelling, and extreme sensitivity to touch.
L.2007, c.255, s.3; amended 2012, c.17, s.144.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2AA-4 - Establishment of education and research program.

26:2AA-4 Establishment of education and research program.
4. The commissioner shall establish a reflex sympathetic dystrophy syndrome education and research program in the Department of Health. The purpose of the program is to promote public awareness of the causes of RSDS, the value of early detection and the diagnosis of and possible treatments for the syndrome, and to promote research, through public and private sources, to accurately identify, diagnose, and treat RSDS.
L.2007, c.255, s.4; amended 2012, c.17, s.145.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2AA-5 - Responsibilities of Department of Health.

26:2AA-5 Responsibilities of Department of Health.
5. The Department of Health shall:
a. establish a public education program through the department's website, to promote RSDS education, which will enable individuals to make informed decisions about their health, including, but not limited to the following elements:
(1) the cause and nature of RSDS;
(2) the risk factors that contribute to the manifestation of RSDS;
(3) available treatment options, including risks and benefits of those options;
(4) environmental safety and injury prevention;
(5) rest and use of appropriate body mechanics;
(6) the availability of RSDS diagnostic, treatment, and outreach services in the community; and
(7) any other factors or elements that might mitigate the effects of RSDS;
b. notify local health departments, hospitals, clinics, and other health care providers about the availability of information concerning RSDS on the department's website;
c. within the limits of funds available to the department for this purpose, coordinate, promote, and offer professional education programs, through institutions of higher education, for health care providers and health-related community-based organizations, which may include, but are not limited to the following elements:
(1) research findings;
(2) the cause and nature of RSDS;
(3) the risk factors, including, but not limited to, lifestyle, heredity, and drug interactions;
(4) the diagnostic procedures and appropriate indications for their use;
(5) medical and surgical treatment options, including experimental and established drug therapies and the risks and benefits of each option;
(6) environmental safety and injury prevention; and
(7) the availability of RSDS diagnosis and treatment and support services in the community; and
d. promote research, through both private and public funding sources, to accurately identify, diagnose, and treat RSDS.
L.2007, c.255, s.5; amended 2012, c.17, s.146.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2AA-7 - Findings, declarations relative to orphan disease.

26:2AA-7 Findings, declarations relative to orphan disease.
1. The Legislature finds and declares:
a. A rare disease is defined as a disease that affects fewer than 20,000 people. Rare diseases are sometimes called orphan diseases. There are 7,000 rare diseases affecting approximately 25 to 30 million Americans;
b. The exact cause for many rare diseases remains unknown. However, 80 percent of rare diseases are genetic in origin and can be linked to mutations in a single gene or in multiple genes which can be passed down from generation to generation;
c. A person suffering with a rare disease faces a wide range of challenges, including delays in obtaining a diagnosis; being misdiagnosed; shortages of medical specialists who can provide treatment for rare diseases; and the lack of therapies and medication that are used by doctors to treat rare diseases;
d. There is a significant link between rare disease and the coronavirus 2019 (COVID-19) pandemic which heightens the importance of the establishment of an advisory council to examine the issues that affect persons with rare diseases in the State. Many people who live with rare diseases are immunosuppressed and have respiratory and neurologic issues that make the consequences of the virus much more severe for them;
e. Additionally, those with rare diseases rely on the health care system much more than those who do not have chronic and rare conditions. In as much as they go to their physicians' offices, medical testing sites, and hospitals more often than most, their risk of exposure to the COVID-19 virus is much greater;
f. People who live with rare diseases are impacted by potential shortages of life-saving medications and supplies due to changes in supply chain resulting from the COVID-19 pandemic. People with rare diseases also rely on the support of their families and home health aides, and because of the social distancing and quarantining, the pandemic puts them at risk of not having the support they need in accessing services and treatment;
g. Researchers have made considerable progress in developing diagnostic tools and treatment protocols for rare diseases and discovering methods of prevention. However, much more remains to be done in the search for new therapeutics and in understanding the link between rare disease and pandemics, and
h. It is therefore an appropriate public policy for the State of New Jersey to establish an advisory body, whose membership would be comprised of qualified professionals and persons living with rare diseases, that would be tasked to educate medical professionals, government agencies, and the public about the importance of rare diseases as an important public health issue, and to encourage research in the development of new treatments for rare diseases.
L.2021, c.135, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2AA-9 - Purpose of council.

26:2AA-9 Purpose of council.
3. The purpose of the advisory council shall be to:
a. act as the advisory body on rare diseases to the Legislature and State departments, agencies, commissions, authorities, and private agencies that provide services to, or are charged with the care of, persons with rare diseases;
b. conduct a thorough and comprehensive study of all issues relating to the quality of and access to treatment and services provided to persons with rare diseases in this State, including the link between rare diseases and the COVID-19 pandemic, and to develop policy recommendations on those issues;
c. develop recommendations for best practice standards encompassing the most effective strategies for recognizing and treating rare diseases in New Jersey;
d. identify effective research-based strategies that have been developed to help diagnose, treat, and prevent rare diseases;
e. develop effective strategies to raise public awareness of rare diseases in this State;
f. evaluate and make recommendations to improve:
(1) the State's Newborn Screening Program in the Department of Health; and
(2) State Medicaid coverage for approved treatments and medications for patients with a rare disease;
g. research and make policy recommendations to the Legislature on access to health insurance specialists and other needed services for patients with a rare disease; and
h. identify, with assistance from the public, additional research topics on rare disease to inform future studies the council may conduct.
L.2021, c.135, s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2AA-10 - Report to Governor, Legislature.

26:2AA-10 Report to Governor, Legislature.
4. The advisory council shall report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, no later than December 31st, on a biennial basis, starting in the second year next following the enactment of this act, on the activities of the advisory council and its findings and recommendations on issues relating to the quality of, and access to, treatment and services for persons with rare diseases in this State.
L.2021, c.135, s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-6 - Commission on Alcoholism and Promotion of Temperance abolished

26:2B-6. Commission on Alcoholism and Promotion of Temperance abolished
The Commission on Alcoholism and Promotion of Temperance established by "An act concerning the preparation and administration of a program for the rehabilitation of alcoholics and the promotion of temperance education by the Commissioner of Alcoholic Beverage Control, the Commissioner of Institutions and Agencies, the Commissioner of Education and the Director of Health constituted the Commission on Alcoholism and Promotion of Temperance," approved April fourth, one thousand nine hundred and forty-five (P.L.1945, c. 94), is abolished.
L.1948, c. 453, p. 1856, s. 6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-7 - Public policy.

26:2B-7 Public policy.
1. It is the policy of the State of New Jersey that persons with an alcohol use disorder and intoxicated persons may not be subjected to criminal prosecution because of their consumption of alcoholic beverages, but rather should be afforded a continuum of treatment in order that they may lead lives as productive members of society.
L.1975, c.305, s.1; amended 2017, c.131, s.69.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-8 - Definitions.

26:2B-8 Definitions.
2. The following words as used in P.L.1975, c.305 (C.26:2B-7 et seq.) shall, unless the context requires otherwise, have the following meanings:
"Administrator" means the person in charge of the operation of a facility, or his designee.
"Admitted" means accepted for treatment at a facility.
"Assistant commissioner" means the Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of Human Services.
"Authorized persons" means persons who serve as volunteer first aid or ambulance squad members, para-professional medical personnel, and rehabilitated persons with alcohol use disorder.
"Commissioner" means the Commissioner of Human Services.
"Department" means the Department of Human Services.
"Division" means the Division of Mental Health and Addiction Services in the Department of Human Services.
"Facility" means any public, private place, or portion thereof providing services especially designed for the treatment of intoxicated persons or persons with alcohol use disorder; including, but not limited to intoxication treatment centers, inpatient treatment facilities, outpatient facilities, and residential aftercare facilities.
"Incapacitated" means the condition of a person who is: a. as a result of the use of alcohol, unconscious or has judgment so impaired that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment, b. in need of substantial medical attention, or c. likely to suffer substantial physical harm.
"Independent physician" means a physician other than one holding an office or appointment in any department, board or agency of the State or in any public facility.
"Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcoholic beverages.
"Patient" means any person admitted to a facility.
"Person with alcohol use disorder" means any person who chronically, habitually, or periodically consumes alcoholic beverages to the extent that: a. such use substantially injures the person's health or substantially interferes with the person's social or economic functioning in the community on a continuing basis, or b. the person has lost the power of self-control with respect to the use of such beverages.
"Private facility" means a facility other than one operated by the federal government, the State of New Jersey, or any political subdivision thereof.
"Public facility" means a facility operated by the State of New Jersey or any political subdivision thereof.
"Treatment" means services and programs for the care or rehabilitation of intoxicated persons and persons with alcohol use disorder, including, but not limited to, medical, psychiatric, psychological, vocational, educational, recreational, and social services and programs.
L.1975, c.305, s.2; amended 2017, c.131, s.70; 2023, c.177, s.58.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-9 - Division of alcoholism.

26:2B-9 Division of alcoholism.
3. There is hereby established in the Department of Human Services a Division of Mental Health and Addiction Services under the direction of an assistant commissioner. The assistant commissioner shall be an individual with training and experience in such areas as public administration or public health or rehabilitation and training in the social sciences or a qualified professional with training or experience in the treatment of behavioral disorders or medical-social problems, or in the organization or administration of treatment services for persons with behavioral disorders or medical-social problems.
There shall be an assistant to the assistant commissioner, who shall have experience in the field of alcohol use disorder.
The assistant commissioner and the assistant commissioner's assistant shall be appointed by the commissioner.
The commissioner shall appoint and may remove such officers and employees of the division as the commissioner may deem necessary. There shall be an administrator of each facility operated by the department pursuant to this act. Each such administrator shall be a person qualified by training and experience to operate a facility for the treatment of persons with alcohol use disorder or intoxicated persons. The commissioner may establish such other positions in the division and employ such consultants as the commissioner may deem appropriate. Except as otherwise provided by law, all offices and positions in the division shall be subject to the provisions of Title 11A, Civil Service; provided, however, that the provisions of said title shall not apply to the assistant commissioner, physicians, and psychiatrists who have full medical-psychiatric, as opposed to administrative, responsibility; and provided, further, and notwithstanding the preceding proviso or any other provision of law, that all offices and positions, which as a condition of receiving federal grants for programs and activities to which federal standards for a merit system of personnel administration relate and make necessary the application of provisions of the Civil Service law, shall be subject to the provisions of Title 11A, Civil Service, if such federal standards are uniform in all states.
L.1975, c.305, s.3; amended 2017, c.131, s.71; 2023, c.177, s.59.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-9.1 - Transfer of bureau of alcohol countermeasures in division of motor vehicles in department of law and public safety to division of alcoholism.

26:2B-9.1. Transfer of bureau of alcohol countermeasures in division of motor vehicles in department of law and public safety to division of alcoholism.
2. The Bureau of Alcohol Countermeasures in the Motor Vehicle Commission is transferred to the Division of Mental Health and Addiction Services in the Department of Human Services, pursuant to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).
L.1984, c. 243, s. 2, eff. Jan. 2, 1985; amended 2023, c.177, s.60.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-9.2 - "Alcohol Treatment Programs Fund."

26:2B-9.2 "Alcohol Treatment Programs Fund."
2. a. There is created within the Department of Health a special nonlapsing revolving fund to be known as the "Alcohol Treatment Programs Fund." The fund shall consist of such monies as are deposited pursuant to section 12 of P.L.1994, c.57 (C.34:1B-21.12), any other monies as may be appropriated to the fund by the Legislature or otherwise provided to the fund, and interest or other income derived from the investment of monies in the fund.
b. Except as provided in subsection c. of this section, monies in the fund shall be used exclusively for making grants, approved by the Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of Human Services, to programs that provide treatment for alcohol use disorder and other conditions related to the excessive consumption of alcoholic beverages among persons convicted of violating the State's drunk driving laws and others.
c. An amount not to exceed $150,000 in Fiscal Year 2002 and five percent of the total annual revenue allocated to the fund in each fiscal year thereafter may be expended from the fund to defray actual expenses incurred by the department in the administration of the fund subject to approval by the Director of the Division of Budget and Accounting.
L.2001, c.48, s.2; amended 2023, c.177, s.61.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-9.3 - Regulations.

26:2B-9.3 Regulations.
3. The Director of the Division of Addiction Services in the Department of Health and Senior Services shall promulgate regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the provisions of this act. The regulations shall include, but not be limited to, the following:
a. Criteria for grantee eligibility;
b. The form and manner in which application for grants from the fund shall be made; and
c. The treatment services and treatment recipients for which grant funds may be expended.
L.2001,c.48,s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-11 - Comprehensive State plan for treatment.

26:2B-11 Comprehensive State plan for treatment.
5. The department shall prepare and submit to the Governor, and from time to time shall amend, a comprehensive State plan for the treatment of intoxicated persons and persons with an alcohol use disorder, including juveniles and young adults. The department, in developing such plan, shall consult and cooperate with the advisory council, officials of appropriate departments or agencies of the federal government and the State and its political subdivisions, and private organizations and individuals with a view toward providing for coordinated and integrated services on the community level. The plan may provide for services in federal, public and private facilities. The plan shall include a detailed projection of immediate and long-term need for facilities and personnel and a detailed estimate of the cost thereof, as well as an estimate of the extent to which funds, property, or services may be available from the State or any of its political subdivisions, the federal government or any private source and is to be coordinated with the State Comprehensive Health Planning Agency.
L.1975, c.305, s.5; amended 2017, c.131, s.72.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-12 - Program for treatment; facilities; services; annual list; publication.

26:2B-12 Program for treatment; facilities; services; annual list; publication.
6. The department shall take cognizance of all matters affecting alcohol use disorder in the State and shall establish and conduct a program for the treatment of intoxicated persons and persons with an alcohol use disorder.
The program may encourage regionalization of services and, if not otherwise available, provide for the following facilities, which need not be separately located:
a. Intoxication treatment centers, which centers shall render emergency medical care, including detoxification, shall be open 24 hours every day, and shall be located conveniently near population centers. Services shall be provided for the immediate physical and social needs, including the needs for medication and shelter, of intoxicated persons, and shall also provide for initial examination, diagnosis and referral. To the extent possible, such treatment centers shall be affiliated with a general or other hospital.
b. Inpatient facilities, for treatment of persons with an alcohol use disorder, which shall, to the extent possible, be affiliated with the medical service of a general hospital, mental hospital, community mental health center, or other hospital.
c. Outpatient facilities.
d. Residential aftercare facilities, such as halfway houses.
The department shall maintain, supervise and control all facilities operated by it pursuant to P.L.1975, c.305 (C.26:2B-7 et seq.) and all such facilities shall be staffed with an adequate number of qualified and trained personnel. The administrator of each such facility shall make an annual report of its activities to the director in such manner and form as the director may deem appropriate. All appropriate resources, particularly community mental health centers, shall whenever possible be utilized in and coordinated with the program.
Services delivered by the department pursuant to P.L.1975, c.305 (C.26:2B-7 et seq.) may be administered on the premises of institutions operated in whole or in part by the department of institutions and agencies. Such services shall be administered as such services are administered in the other facilities of the department and shall in all respects be therapeutic in nature rather than penal or correctional.
The department shall prepare and publish annually a list of all services operating in accordance with P.L.1975, c.305 (C.26:2B-7 et seq.) and shall make the list available upon request to members of the public. The department shall notify all law enforcement agencies and judges in the State of the location and capacity of intoxication treatment centers and other services operating in accordance with this act situated in or near their jurisdictions.
L.1975, c.305, s.6; amended 2017, c.131, s.73.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-16 - Person intoxicated in public place; assistance to facility; determination of intoxication

26:2B-16. Person intoxicated in public place; assistance to facility; determination of intoxication
Any person who is intoxicated in a public place may be assisted to his residence or to an intoxication treatment center or other facility by a police officer or other authorized person. To determine whether or not such person is intoxicated, the police officer may request the person to submit to any reasonable test, including, but not limited to, tests of his coordination, coherency of speech, and breath.
Any person who is intoxicated in a public place and who a police officer has reason to believe is incapacitated shall be assisted by the police officer to an intoxication treatment center or other facility.
A police officer acting in accordance with the provisions of this section may use such force, other than that which is likely to inflict physical injury, as is reasonably necessary to carry out his authorized responsibilities. If the police officer reasonably believes that his safety or the safety of other persons present so requires, he may search such person and his immediate surroundings, but only to the extent necessary to discover and seize any dangerous weapon which may on that occasion be used against the officer or other person present.
All persons acting under the provisions of this section shall be considered as acting in the conduct of their official duties and shall not be held criminally or civilly liable for such acts.
Any person assisted by a police officer to a facility pursuant to the provisions of this section shall receive treatment in accordance with section 9. In any event, if such person is determined upon examination to be intoxicated, the examining physician or other medically competent individual shall so certify and a duplicate copy of the certification shall be made available to the police officer.
A person assisted to a facility pursuant to the provisions of this section, shall not be considered to have been arrested and no entry or other record shall be made to indicate that he has been arrested.
L.1975, c. 305, s. 10.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-18 - Person under treatment at facility; subjection to supervisory powers of administrator

26:2B-18. Person under treatment at facility; subjection to supervisory powers of administrator
Each person who receives treatment at a facility shall be subject to the supervisory powers of the administrator exercised in accordance with rules and regulations of the department.
L.1975, c. 305, s. 12.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-20 - Records; confidentiality; rights of patients

26:2B-20. Records; confidentiality; rights of patients
a. The administrator of each facility shall keep a record of the treatment afforded each patient, which shall be confidential and shall be made available only upon proper judicial order, whether in connection with pending judicial proceedings or otherwise.
b. Any patient shall have the right to have a physician retained by him examine him, consult privately with his attorney, receive visitors, and send and receive communications by mail, telephone and telegraph. Such communications shall not be censored or read without the consent of such patient. The foregoing shall not limit the right of the administrator, subject to reasonable rules and regulations of the department, to prescribe reasonable rules governing visiting hours and the use of telephone and telegraph facilities.
c. No patient may be detained at any facility pursuant to the provisions of this act, without his consent except in accordance with the provision of section 9.
d. Insofar as is practicable a written, comprehensive, individualized treatment plan shall be kept by the administrator for each patient.
e. Each patient shall be entitled to receive adequate and appropriate treatment.
No patient shall be denied the right to vote while he is afforded treatment at a facility.
L.1975, c. 305, s. 14.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-21 - Rights of person who received treatment at facility; person with an alcohol use disorder.

26:2B-21 Rights of person who received treatment at facility; person with an alcohol use disorder.
15. No person who has received treatment at a facility in accordance with the provisions of P.L.1975, c.305 (C.26:2B-7 et seq.) or person who is a person with an alcohol use disorder shall be denied any right or privilege under the Constitution of the United States or of the State for the reason that the person has received treatment at a facility or that the person is a person with an alcohol use disorder.
L.1975, c.305, s.15; amended 2017, c.131, s.77.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-22 - Service forces to assist police

26:2B-22. Service forces to assist police
The State, the several counties and municipalities may establish services forces to assist the police in accordance with the provisions of section 9 of this act. Such service forces may be a part of police department, or may be a separate unit. Members of the force shall be trained to carry out certain responsibilities of the police, as these are set out in section 10, particularly with respect to the administration of first aid to intoxicated persons in need of medical assistance.
L.1975, c. 305, s. 16.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-23 - Program of education; services of division.

26:2B-23 Program of education; services of division.
17. The division shall establish and maintain, in cooperation with the office of the Attorney General, the State, municipal and local police, the courts, the Department of Corrections, the Department of Human Services, and other public and private agencies, a program for the education of police officers, prosecuting attorneys, court personnel, judges of the Superior Court, probation and parole officers, correctional personnel, other law enforcement personnel, and State welfare and vocational rehabilitation personnel, with respect to the causes, effects, and treatment of intoxication and alcohol use disorder.
The division shall serve in a consulting capacity to such public and private agencies and shall foster and coordinate a full range of services which will be available for diagnosis, counseling and treatment for alcohol use disorder.
L.1975, c.305, s.17; amended 1991, c.91, s.287; 2017, c.131, s.78.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-24 - Tests for alcohol; written manual; collection of data.

26:2B-24 Tests for alcohol; written manual; collection of data.
18. The division shall, in cooperation with the State, municipal and local police, and the New Jersey Motor Vehicle Commission, conduct tests for alcohol in the bodies of automobile drivers and pedestrians who die as a result of and within four hours of a traffic accident, and in automobile drivers who survive traffic accidents fatal to others. The division shall promulgate a written manual to govern the conducting of tests made pursuant to this section, which shall specify the qualifications of personnel to conduct such tests, the methods and related details of specimen selection, collection, preservation and analysis, and the methods of tabulation and reporting of this test data.
If a test conducted pursuant to this section discloses alcohol, the division shall insofar as is practicable make a determination whether or not alcohol use disorder was a probable factor in the drinking of the tested individual.
Test data collected and determinations made pursuant to this section shall be tabulated, compiled, and published by the division at least semiannually.
The division in cooperation with the office of the Attorney General and other interested State departments and agencies shall undertake a detailed and comprehensive review of State and local laws and regulations governing driving under the influence of alcohol. This review shall include, but need not be limited to, consideration of the relation of these laws and regulations to the legislative policies and purposes of this act, and what programs and punishments are appropriate for individuals convicted of drunk driving.
Within one year from the date of enactment of P.L.1975, c.305 (C.26:2B-7 et seq.), the division shall transmit to the Legislature a report on this review. This report shall include specific recommendations for any changes in the present laws and regulations the division deems appropriate.
L.1975, c.305, s.18; amended 2017, c.131, s.79.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-25 - Review of laws and regulations on manufacture, sale and consumption of alcoholic beverages; report

26:2B-25. Review of laws and regulations on manufacture, sale and consumption of alcoholic beverages; report
The division, in cooperation with the office of the Attorney General and other interested State departments and agencies, shall undertake a broad review of State and local, criminal and civil, laws and regulations governing the manufacture, sale and consumption of alcoholic beverages. This review shall include, but need not be limited to, consideration of the relation of these laws and regulations both to the legislative policies and purposes of this act and to the public policy objective of permitting the temperate use of alcoholic beverages and preventing the abuse of such beverages. Within 2 years from the date of enactment of this act the division shall transmit to the Legislature a report on this review, which shall include specific recommendations for any changes in the present laws and regulations that the division deems appropriate.
L.1975, c. 305, s. 19.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-26 - Laws, ordinances or regulations of local government on public intoxication or inconsistent with act; prohibition; exemptions

26:2B-26. Laws, ordinances or regulations of local government on public intoxication or inconsistent with act; prohibition; exemptions
No county, municipality, or other political subdivision of the State shall adopt any law, ordinance, bylaw, resolution or regulation having the force of law a. rendering public intoxication or being found in any place in an intoxicated condition an offense, a violation or the subject of criminal or civil penalties or sanctions of any kind; b. inconsistent with the provisions and policies of this act.
Nothing herein contained shall affect any laws, ordinances, bylaws, resolutions or regulations against driving after drinking alcohol, driving under the influence of alcohol, or other similar offenses that involve the operation of motor vehicles, machinery or other hazardous equipment.
L.1975, c. 305, s. 20.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-27 - Department of Health designated.

26:2B-27 Department of Health designated.
21. The Department of Health shall be the single State agency designated by the State as the agency primarily responsible for the treatment of intoxicated persons and persons with alcohol use disorder. All activities, projects or programs for alcohol use disorder treatment and rehabilitation, funded or carried out by any department or political subdivision of the State shall be in compliance with the comprehensive State plan required by section 5 of P.L.1975, c.305 (C.26:2B-11).
L.1975, c.305, s.21; amended 2017, c.131, s.80.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-29 - Repeal and prohibition of ordinance, resolution or other legislation on offense of public intoxication

26:2B-29. Repeal and prohibition of ordinance, resolution or other legislation on offense of public intoxication
Notwithstanding any other provision of law, no county, municipality, or other jurisdiction within the State shall adopt an ordinance, resolution, or other legislation creating an offense of public intoxication or any equivalent offense, and any existing ordinance, resolution, or other legislation creating such an offense is hereby repealed.
L.1975, c. 305, s. 23.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-30 - Severability

26:2B-30. Severability
If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of the act which can be given effect without such invalid provision or application, and to this end the provisions of this act are declared to be severable.
L.1975, c. 305, s. 25.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-32 - Fund established.

26:2B-32. Fund established.
3. An Alcohol Education, Rehabilitation and Enforcement Fund is established as a nonlapsing, revolving fund in a separate account in the Department of Health. The fund shall be credited from July 1, 1990 through June 30, 1991, with 27.6 percent of the tax revenues, and from July 1, 1991 through June 30, 1992, with 53.3 percent of the tax revenues, collected pursuant to section 3 of P.L.1980, c.62 (C.54:32C-3), the amount thereof to be dedicated 75 percent to rehabilitation, 15 percent to enforcement and 10 percent to education, and the fund thereafter shall be annually credited with the amount of tax revenues collected from the alcoholic beverage tax as is provided in section 2 of P.L.1990, c.41 (C.54:43-1.1), which amount shall be dedicated 75 percent to rehabilitation, 15 percent to enforcement and 10 percent to education. Interest received on moneys in the fund shall be credited to the fund. Pursuant to the formula set forth in section 5 of this act, moneys appropriated pursuant to law shall only be distributed to the counties by the Department of Health, without the assessment of administrative costs, to develop and implement an annual comprehensive plan for the treatment of persons with substance use disorder and for expenditures according to the dedications provided herein.
L.1983, c.531, s.3; amended 1989, c.51, s.13; 1990, c.41, s.4; 2023, c.177, s.65.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-34 - Allotment formula.

26:2B-34 Allotment formula.
5. a. Allotments to each county whose annual comprehensive plan is approved pursuant to the provisions of section 4 of this act shall be made on the basis of the following formula:
County Allotment = Population of County x Total Funds Appropriated
Population of State
( Per Capita Income of State (3 yr. average)
x ( .5 x -----------------------------------------------------
( Per Capita Income of County (3 yr. average)
Need in County )
+ .5 x ----------------- )
Need in State )
in which Need in County and Need in State are estimates of the prevalence of alcohol use disorder according to the current New Jersey Behavioral Health Services Plan. The funds dedicated for the provision of educational programs from the Alcohol Education, Rehabilitation and Enforcement Fund shall be allocated to the counties on the basis of this formula.
b. As a condition for receiving the allotment calculated in subsection a. of this section, a county shall contribute a sum not less than 25 percent of that county's allotment to fund community services for persons with alcohol use disorder pursuant to the county's annual comprehensive plan. Those alcohol use disorder education, prevention and treatment programs already existing in a county may be combined under the county plan which establishes the annual comprehensive plan to be approved by the Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of Human Services. In determining the sum of money to be contributed by each county, the required 25 percent minimum county contribution may include any moneys currently appropriated by the county to meet the needs of the alcohol use disorder programs.
L.1983, c.531, s.5; amended 1989, c.51, s.15; 1990, c.41, s.6; 2023, c.177, s.67.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-35 - Distribution of enforcement moneys

26:2B-35. Distribution of enforcement moneys
a. Moneys dedicated for enforcement from the Alcohol Education, Rehabilitation and Enforcement Fund shall be distributed as follows:
(1) One-third shall be distributed to the "Municipal Court Administration Reimbursement Fund" pursuant to subsection b. of this section.
(2) Two-thirds shall be distributed in the "Drunk Driving Enforcement Fund" established pursuant to section 1 of P.L.1984, c.4 (C.39:4-50.8).
b. (1) Each municipality in this State shall present to the Administrative Office of the Courts, before December 31, 1983, the number of drunk driving arrests in the municipality during calendar year 1980. This number shall be the base year number of arrests. In any municipality in which the number of drunk driving arrests for calendar year 1980 exceeds the average of the number of drunk driving arrests for calendar years 1979 and 1981, that municipality may substitute the lower average figure as the base figure for the calculation in this subsection. The municipality shall certify this substitution in writing to the Administrative Office of the Courts within 90 days of the effective date of this 1986 amendatory act. Once a substituted base year figure is used, it may not thereafter be changed. Beginning January 15, 1984, and each year thereafter the municipality shall report to the Administrative Office of the Courts the number of drunk driving arrests made in its municipality during the preceding calendar year.
(2) The Administrative Office of the Courts shall certify the amounts submitted by each municipality and shall calculate for each municipality any increase in the number of arrests between the base year and the number of arrests reported for the preceding calendar year. The Administrative Office of the Courts shall then calculate the sum of all increases for all municipalities reporting.
(3) Beginning for calendar year 1983, the following fraction shall be calculated for each municipality:
The increase in drunk driving arrests in the municipality between the base year and the preceding year over the total of increases in drunk driving arrests between the base year and the preceding year in all reporting municipalities in the State.
This fraction shall be multiplied by the total amount of the money available in the "Municipal Court Administration Reimbursement Fund" in the preceding calendar year. This amount shall be allocated to the municipality for the purpose of maintaining its municipal court, which may include payments to municipal court judges, municipal prosecutors and other municipal court personnel for work performed in addition to regular employment hours.
L.1983,c.531,s.6; amended 1986, c.146; 1990,c.41,s.7.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-36 - Findings, declarations relative to alcoholism, drug abuse among the deaf, hard of hearing, disabled.

26:2B-36. Findings, declarations relative to alcoholism, drug abuse among the deaf, hard of hearing, disabled.
1. The Legislature finds and declares that: there is growing evidence that people with deafness, hearing loss or other disabilities are at greater risk of having a substance use disorder than the general population; the deaf and hard of hearing have a communication disability which prevents them from receiving and communicating information that would enable them to make more informed decisions about their substance use disorder; and the combined impact of physical impairment, attitudinal and architectural barriers, societal discrimination and the psychological stresses that accompany disability may create a special vulnerability for substance use disorder in people with disabilities.
The Legislature further finds and declares that: few rehabilitation centers and professionals working with the deaf, hard of hearing and other disabled persons are adequately prepared or trained to identify, recognize or deal with the signs of substance use disorder; and New Jersey needs the development of specialized services for people with disabilities who have a substance use disorder.
L.1995, c.318, s.1; amended 2023, c.177, s.68.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-37 - "Substance Use Disorder Program for the Deaf, Hard of Hearing and Disabled."

26:2B-37 "Substance Use Disorder Program for the Deaf, Hard of Hearing and Disabled."
2. a. The Commissioner of Human Services shall establish "Substance Use Disorder Program for the Deaf, Hard of Hearing and Disabled".
b. Pursuant to Reorganization Plan No. 002-2004, the Commissioner of Human Services shall continue to operate the program established pursuant to subsection a. of this section through the Division of Mental Health and Addiction Services in the Department of Human Services, in consultation with the Governor's Council on Substance Use Disorder.
L.1995, c.318, s.2; amended 1999, c.91, s.11; 2013, c.253, s.4; 2023, c.177, s.69.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-38 - Program contents.

26:2B-38 Program contents.
3. The program shall include, but not be limited to: providing public awareness of, and developing advocacy efforts for the deaf, persons with hearing impairments, and other persons with disabilities who are in need of treatment services for alcohol use disorder and substance use disorder, and developing treatment modalities and specialized training programs for this population. The commissioner shall incorporate the services of community-based agencies to develop and implement this program.
L.1995, c.318, s.3; amended 2017, c.131, s.82.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-39 - Rules, regulations

26:2B-39. Rules, regulations
4. The commissioner shall adopt rules and regulations necessary to carry out the purposes of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
L.1995,c.318,s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:2B-40 - Licensing for certain residential drug treatment programs; rules, regulations.

26:2B-40 Licensing for certain residential drug treatment programs; rules, regulations.
1. a. A drug treatment program operating within a State correctional facility or county jail which meets or substantially meets the requirements for licensing as a residential drug treatment program shall be granted such license by the Division of Addiction Services in the Department of Human Services.
b. A drug treatment program which the Director of the Division of Addiction Services determines does not meet or substantially meet the requirements for licensing as a residential drug treatment program shall be advised by the director, within 60 days of the determination, specifically as to which requirement or requirements the program failed to meet. If such drug treatment program addresses the deficiency or deficiencies and can meet or substantially meet the requirements, the program may reapply for licensure as a residential drug treatment program.
c. The Commissioner of the Department of Human Services may promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to effectuate the purposes of this act.
L.2014, c.1, s.1.