reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11-11 - Public policy; license required; application

30:11-11. Public policy; license required; application
It is declared to be the public policy of this State to provide for the development, establishment and enforcement of basic standards for the training, experience and education of individuals acting as administrators of convalescent homes and private nursing homes as defined in chapter 11 of Title 30 to insure safe and adequate treatment of all individuals in convalescent homes and private nursing homes. No convalescent home or private nursing home shall operate in this State under the supervision of an individual acting as administrator except upon license first had and obtained for that purpose from the department. Nothing herein contained shall be so construed as to interfere with the powers of the State Board of Medical Examiners to license medical practitioners in New Jersey.
L.1968, c. 356, s. 1, eff. Jan. 1, 1970.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11-12 - Applications for license; evidence of ability to comply with minimum standards

30:11-12. Applications for license; evidence of ability to comply with minimum standards
Application for license required by this act shall be made upon forms furnished by the Commissioner of the Department of Institutions and Agencies. The applicant shall be required to furnish evidence of his or her ability to comply with the minimum standards for administrators to successfully supervise the institution for which the license is sought.
L.1968, c. 356, s. 2, eff. Jan. 1, 1970.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11-13 - Licensing of nursing home administrators; regulations

30:11-13. Licensing of nursing home administrators; regulations
Upon receipt of an application for license and a license fee of $100, and an examination fee of $100, the department shall cause an investigation to be made of the applicant and shall issue a license if it is found that said applicant is of good moral character and complies with the provisions of this act, the regulations of the department and the minimum standards established for the administration of a convalescent home or private nursing home. The license shall not be transferable or assignable and shall be posted in a conspicuous place on the licensed premises wherein the individual acts as an administrator, as prescribed by the regulations of the department. The Commissioner of Health, with the advice of the Nursing Home Administrators' Licensing Board, shall adopt, amend, promulgate and enforce such rules, regulations, and minimum standards for the training, experience and education of individuals acting as administrators of convalescent homes and private nursing homes to be licensed hereunder as may be reasonably necessary to accomplish the purposes of this chapter. In addition, the commissioner shall adopt rules and regulations to provide for such periodic increases in the license fee and the examination fee as the commissioner deems necessary. Such rules, regulations and minimum standards when adopted shall be binding upon all licensees and applicants for a license under this chapter. Licensees and applicants for a license as a convalescent home or private nursing home administrator of an institution or home conducted exclusively for persons who rely upon treatment by spiritual means alone through prayer in accordance with the creed or tenets of a recognized church or religious denomination as described in section 9 of P.L.1947, c.340 (C.30:11-9) shall meet all rules, regulations, and minimum standards prescribed by the board, except medical rules, regulations, and minimum standards.
L.1968,c.356,s.3; amended 1970,c.169; 1986,c.100,s.1; 1991,c.78,s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11-14 - $100 fee for 2-year license

30:11-14. $100 fee for 2-year license
A license to act as an administrator of a convalescent home or private nursing home shall be valid for two years from the date of issue, and upon issuance or renewal of such license, the commissioner shall collect, respectively, a fee of $100.00, which shall be paid into the General Fund, and the cost of administration of this act shall be provided for in the annual appropriation law.
L. 1968, c. 356, s. 4, eff. Jan. 1, 1970. Amended by L. 1986, c. 100, s. 2, eff. Aug. 27, 1986.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11-15 - Conditional license; duration

30:11-15. Conditional license; duration
Any administrator supervising any convalescent home or private nursing home in operation at the time of promulgation of any applicable rules, regulations or minimum standards under this act, who during the calendar year immediately preceding January 1, 1970, has served as a convalescent or nursing home administrator and who fails to meet the minimum standards shall receive a conditional license from the department notwithstanding any standards developed, imposed and enforced by the department pursuant to this act, except other than such standards as relate to good moral character or suitability: providing, however, that such conditional license shall expire in 2 years or on June 30, 1972, whichever is earlier, and shall not be renewable. There shall be provided by the department during the period for which such conditional license is in effect, a training and instruction program designed to enable all individuals, with respect to whom such conditional license is issued, to qualify for a permanent license.
L.1968, c. 356, s. 5, eff. Jan. 1, 1970.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11-16 - Denial, suspension or revocation of license

30:11-16. Denial, suspension or revocation of license
The State Board of Control, after serving the licensee with specific charges in writing, at least 30 days in advance of a hearing, and after hearing, may deny, revoke, or suspend any and all licenses granted under authority of this act to any person violating the provisions of this act, or the rules and regulations promulgated hereunder.
L.1968, c. 356, s. 6, eff. Jan. 1, 1970.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11-17 - Hearing; procedure

30:11-17. Hearing; procedure
The Nursing Home Administrator's Licensing Board shall afford the licensee an opportunity for a prompt and fair hearing before deciding on the matter of suspension, revocation or denial of any license. The procedure governing such hearing shall be in accordance with the rules and regulations of the department adopted by The Board of Control and with the consent of the nursing home administrator's licensing board. Either party may be represented by counsel of their own choosing, subpoena witnesses and compel their attendance on forms furnished by the department.
L.1968, c. 356, s. 7, eff. Jan. 1, 1970.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11-18 - Notice; specification of charges; hearing; appeal

30:11-18. Notice; specification of charges; hearing; appeal
Notice of the pending revocation, suspension, or denial of a license together with a specification of charges shall be sent to the applicant or the licensee by registered mail. Denial, suspension or revocation shall become effective 30 days after mailing, unless the applicant or licensee within such 30-day period shall meet the requirements of the department or shall give written notice to the department of his 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 licensee may appeal from such denial, suspension or revocation to any court having jurisdiction of such matters.
L.1968, c. 356, s. 8, eff. Jan. 1, 1970.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11-19 - Arrangement of hearings; decisions

30:11-19. Arrangement of hearings; decisions
The Commissioner of the Department of Institutions and Agencies shall arrange for prompt and fair hearings on all such cases, render written decisions stating his conclusions and reasons therefor upon each matter heard, and is empowered to enter orders of denial, suspension or revocation consistent with the circumstances in each case.
L.1968, c. 356, s. 9, eff. Jan. 1, 1970.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11-20 - Nursing Home Administrator's Licensing Board.

30:11-20 Nursing Home Administrator's Licensing Board.
10. The Commissioner of Health, subject to the approval of the Governor, shall appoint a Nursing Home Administrator's Licensing Board which shall consist of the Commissioner of the Department of Human Services; the Commissioner of the Department of Health, and seven nursing home administrators of recognized ability, two of whom shall be registered nurses who are graduates of accredited schools of nursing, licensed by the New Jersey State Board of Nursing to practice nursing in this State, one of whom shall be a fellow of the American College of Health Care Administrators, one of whom shall be a member of the American College of Health Care Administrators, one of whom shall be an administrator of a governmentally operated nursing home, one of whom shall be an administrator of a nonprofit home for the aged with a licensed infirmary, and one of whom shall be an administrator of a proprietary nursing home. There shall be appointed six additional members who shall be representative of the professions and institutions concerned with the care and treatment of patients who are elderly and who have a chronic illness or infirmity other than nursing home administrators or persons associated with nursing homes, one of whom shall be a physician licensed to practice medicine in this State, but in no event shall a majority of the board be representative of a single professional or institutional category. Any noninstitutional member of the board, which does not include nursing home administrators, shall have no direct financial interest in nursing homes. Each member of the board who is a nursing home administrator shall have a minimum of not less than five years' experience as an administrator in the supervision of a convalescent home or private nursing home and shall at all times be licensed as a nursing home administrator pursuant to the terms of this act. The board shall be appointed for terms of four years, except when appointed to complete an unexpired term. Members whose terms shall expire shall hold office until appointment of their successors. Members may be reappointed for one additional term. They shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of their official duties.
L.1968, c.356, s.10; amended 1969, c.174; 1975, c.8; 2017, c.131, s.129.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11-21 - Responsibilities and duties of board

30:11-21. Responsibilities and duties of board
The nursing home administrator's licensing board shall have the following responsibilities and duties;
a. Develop, and promulgate by regulation approved by the State Board of Control standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators will be individuals who are of good character and are otherwise suitable, and who, by training, experience and education in the field of institutional administration, are qualified to serve as nursing home administrators;
b. Develop and apply appropriate techniques, including examinations and investigations for determining whether an individual meets such standards;
c. Issue licenses to individuals determined to meet such standards and recommend to the State Board of Control or the Commissioner of the Department of Institutions and Agencies the revocation, suspension or denial of licenses to be issued or previously issued by the board in any case where the individual holding any such license is determined substantially to have failed to conform to the requirements of such standards;
d. Establish and carry out procedures designed to insure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of such standards;
e. Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of such standards;
f. Conduct a continuing study and investigation of nursing homes and administrators of nursing homes within the state with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of nursing homes who have been licensed as such;
g. To study and identify the core of knowledge that should constitute minimally the training in the field of institutional administration which should qualify an individual to serve as a nursing home administrator;
h. To study and develop model techniques for determining whether an individual possesses such qualifications;
i. To study and develop model criteria for programs of training and to recommend such programs of training and instruction for those desiring to pursue a career in nursing home administration.
L.1968, c. 356, s. 11, eff. Jan. 1, 1970.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11-22 - Nursing home administrator defined

30:11-22. Nursing home administrator defined
As used in this act, the term "nursing home administrator" means any individual who is charged with the general administration or supervision of a nursing home or convalescent home whether or not such individual has an ownership interest in such home and whether or not his function or duties are shared with one or more other individuals.
L.1968, c. 356, s. 12, eff. Jan. 1, 1970.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11-23 - Qualification of applicants, criminal history record background check.

30:11-23 Qualification of applicants, criminal history record background check.
13. Except as to persons who shall qualify for a conditional license pursuant to the provisions of this act, no license shall be issued to a person unless he is a citizen of the United States at the time of the submission of the application, or has declared his intention of becoming a citizen of the United States in the form and manner prescribed by the Commissioner of Health and Senior Services. No license granted to a noncitizen shall be valid or be renewed after six years from the date of his declaration of intention unless he shall furnish evidence of his actually having become a citizen. No license shall be issued to any person under the age of 18 years; to any person who has ever been convicted of a crime involving moral turpitude; or to any person who has been found guilty of violating the provisions of this act by a court of competent jurisdiction or who has admitted such guilt.
For the purposes of this section, each applicant for a license shall submit to the commissioner the applicant's name, address, fingerprints and written consent for a criminal history record background check to be performed. The commissioner is hereby authorized to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent with applicable State and federal laws, rules and regulations, for purposes of facilitating determinations concerning licensure eligibility. The applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check. The Division of State Police shall promptly notify the commissioner in the event a current holder of a license or prospective applicant, who was the subject of a criminal history record background check pursuant to this section, is arrested for a crime or offense in this State after the date the background check was performed.
L.1968,c.356,s.13; amended 1973, c.178; 2003, c.199, s.16.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11-24 - Notice of change in facts in application

30:11-24. Notice of change in facts in application
Whenever any change shall occur in the facts as set forth in any application for a license, the licensee or applicant shall file with the commissioner a notice in writing of such change within 10 days after the occurrence thereof.
L.1968, c. 356, s. 14, eff. Jan. 1, 1970.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11-25 - Questions to applicants; declarations; effect of fraud and misrepresentation

30:11-25. Questions to applicants; declarations; effect of fraud and misrepresentation
Applicants shall answer such questions as may be asked concerning their character, residence, citizenship and ability to operate a nursing home or convalescent home and make such declarations as shall be required. All applicants may be duly sworn and all statements and applications shall be deemed material. Fraud, misrepresentation, false statements, misleading statements, evasions or suppression of material facts in the securing of a license shall be grounds for denial, suspension or revocation of the license.
L.1968, c. 356, s. 15, eff. Jan. 1, 1970.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11-26 - Violation; penalty

30:11-26. Violation; penalty
Any person, firm, partnership, corporation or association who shall operate or conduct a convalescent home or private nursing home without first obtaining an administrator licensed pursuant to the provisions of this act, or who shall operate such convalescent home or private nursing home after denial, revocation or suspension of its administrator's license shall be liable to a penalty of $50.00 for each day of operation in violation hereof for the first offense, and for any subsequent offense shall be liable to a penalty of $100.00 for each day in violation hereof. Any such penalty shall be sued for and collected in a summary proceeding instituted by the Attorney General, at the request and in the name of the State Board of Control, pursuant to the Penalty Enforcement law (N.J.S. 2A:58-1, et seq.). The State Board of Control, with the approval of the Attorney General, is hereby authorized and empowered to compromise and settle claims for money penalties in appropriate circumstances where it appears to the satisfaction of the board that payment of the full penalty will work severe hardship on any individual not having sufficient financial ability to pay the full penalty, but in no case shall the penalty be compromised for a sum less than $200.00 for the first offense and $500.00 for the second and each subsequent offense; provided, however, that any penalty of less than $200.00 or $500.00 as the case may be, may be compromised for a lesser sum. Money penalties when required shall be payable to the General State Fund. No money penalties provided for herein shall be required to be paid until the appellate procedures provided for in the courts shall have been exhausted and then only if on appeal, it is determined that the licensee was in violation of the provisions hereof or the rules and regulations of the State Board of Control establishing minimum standards for license. Money penalties assessed prior to the filing of an appeal to the appellate court or courts shall be recoverable only to the extent that the appellate court or courts affirms the decision of the department in the first instance.
L.1968, c. 356, s. 16, eff. Jan. 1, 1970.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11-27 - Injunctions

30:11-27. Injunctions
The department may, in the manner provided by law maintain an action in the name of the State of New Jersey for injunction against any person, firm, partnership, association or corporation, continuing to conduct, manage or operate a convalescent home or private nursing home under the supervision of an administrator who is without a license, or after the suspension or revocation of such license.
L.1968, c. 356, s. 17, eff. Jan. 1, 1970.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11-28 - Services of state employees to carry out duties

30:11-28. Services of state employees to carry out duties
The Nursing Home Administrator's Licensing Board is hereby empowered within the limits of appropriations made available to it and on a cost reimbursable basis, to obtain the services of any State department and State employee necessary to carry out its duties.
L.1968, c. 356, s. 18, eff. Jan. 1, 1970.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11A-1 - Definitions.

30:11A-1 Definitions.
1. As used in P.L.1953, c.212 (C.30:11A-1 et seq.):
"Department" means the Department of Health or the Department of Community Affairs, as appropriate.
"Licensee" means the owner, operator, or administrator of a residential health care facility that is certified to operate pursuant to this chapter.
"Residential health care facility" means any facility, whether in single or multiple dwellings, whether public or private, whether incorporated or unincorporated, whether for profit or nonprofit, which:
(1) is operated at the direction, or under the management, of an individual or individuals, a corporation, a partnership, a society, or an association;
(2) furnishes food and shelter to four or more persons 18 years of age or older who are unrelated to the proprietor;
(3) provides any one or more of such persons with dietary services, recreational activities, supervision of self-administration of medications, supervision of and assistance in activities of daily living, and assistance in obtaining health services; and
(4) is regulated by either the Department of Health or the Department of Community Affairs.
"Residential health care facility" shall not include any community residence for the developmentally disabled, as defined in section 2 of P.L.1977, c.448 (C.30:11B-2); any facility or living arrangement that is operated by, or under contract with, any other State department or agency, upon the written authorization of the Commissioner of Health or the Commissioner of Community Affairs, as appropriate; or any privately operated establishment licensed under chapter 11 of Title 30 of the Revised Statutes.
"Resident" means a person 18 years of age or older who:
(1) is ambulant, with or without assistive devices;
(2) has been certified by a licensed physician to be free from communicable disease and not in need of skilled nursing care; and
(3) except in the case of a person 65 years of age and over, is in need of dietary services, supervision of self-administration of medications, supervision of and assistance in activities of daily living, or assistance in obtaining health care services.
A resident shall not be given skilled nursing care while a resident, except as hereinafter provided. The foregoing definition shall not be construed to prevent care of residents in emergencies or during temporary illness for a period of one week or less, and shall not be construed to prevent a licensed physician from ordering nursing or other health care services.
L.1953, c.212, s.1; amended 1964, c.147, s.2; 1979, c.496, s.26; 2017, c.234, s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11A-2 - Certificate of approval, license.

30:11A-2 Certificate of approval, license.
2. Residential health care facilities, as defined in section 1 of P.L.1953, c.212 (C.30:11A-1), shall operate within this State pursuant to a certificate of approval first had and obtained for that purpose from the Department of Health, or pursuant to a license had and obtained from the Department of Community Affairs. No such certificate of approval or license shall be issued unless the commissioner is satisfied that the institution in question is adequately prepared to furnish facilities, care, and service complying with standards relating thereto, except that temporary permits, valid for a period not exceeding six months and not subject to renewal, may be issued under the circumstances specified in section 6 of P.L.1953, c.212 (C.30:11A-6). Boarding and rooming houses shall not be construed to be within the provisions of P.L.1953, c.212 (C.30:11A-1 et seq.).
L.1953, c.212, s.2; amended 1964, c.147, s.3; 1979, c.496, s.27; 2017, c.234, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11A-4 - Application for certificate of approval

30:11A-4. Application for certificate of approval
Application for a certificate of approval shall be made upon forms furnished by the department, and the applicant shall be required to furnish any evidence which the department may require, as part of or in support of such application, relating to the applicant's ability and intention to comply with prescribed standards of facilities and operation.
L.1953, c. 212, p. 1607, s. 4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11A-5 - Investigation of applicant; certificate not transferable; display

30:11A-5. Investigation of applicant; certificate not transferable; display
Upon receipt of an application for a certificate of approval, the department 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 department 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 residential health care facility at all times.
L.1953, c. 212, p. 1608, s. 5. Amended by L.1964, c. 147, s. 5; L.1979, c. 496, s. 29.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11A-6 - Existing facility; reasonable time to comply with rules, regulations or standards

30:11A-6. Existing facility; reasonable time to comply with rules, regulations or standards
Any residential health care facility which is in operation on the effective date of this act, or at the time of promulgation of any applicable rules, regulations or standards under this act, may be given a reasonable time, not to exceed 2 years, within which to comply with such rules, regulations and standards, or subsequent amendments or supplements thereto.
L.1953, c. 212, p. 1608, s. 6. Amended by L.1964, c. 147, s. 6; L.1979, c. 496, s. 30.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11A-8 - Denial, revocation or suspension of certificates of approval

30:11A-8. Denial, revocation or suspension of certificates of approval
The State Board of Control may deny, revoke or suspend any and all certificates of approval granted under the authority of this act, because of violation of or failure to comply with the provisions of this act or the rules, regulations and standards promulgated hereunder.
Prior to the revocation, suspension or denial of any certificate of approval hereunder, the department, if requested, shall afford the establishment an opportunity for a prompt and fair hearing before the department. The procedure governing such hearings shall be in accordance with rules and regulations of the department adopted for that purpose. Either party may subpoena witnesses and compel their attendance on forms furnished by the department.
Notice of revocation, suspension or denial of a certificate of approval shall be sent to the establishment by registered mail and the notice shall set forth the particular reasons for the denial, suspension or revocation of the certificate. Such denial, suspension or revocation shall become effective thirty days after mailing, unless the establishment, within such thirty-day period shall meet the requirements of the department or shall give written notice to the department 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.
The Commissioner of the Department of Institutions and Agencies is hereby empowered to arrange for prompt and fair hearings on all such cases and to render written decisions stating conclusions and reasons therefor upon each matter so heard, and to enter orders of denial, suspension or revocation consistent with the circumstances in each case.
L.1953, c. 212, p. 1608, s. 8.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11A-9 - Inspection of premises; alterations, additions or improvements

30:11A-9. Inspection of premises; alterations, additions or improvements
The department shall make or cause to be made such inspections of the premises of any residential health care facility from time to time as it may deem necessary to be assured that any such establishment is at all times complying with the provisions of this act and with the rules, regulations and standards promulgated hereunder. Any approved establishment, prior to making any alterations, additions or improvements to its facilities or prior to the construction of new facilities shall, before commencing such work, submit plans and specifications to the department for preliminary inspection and approval or recommendations with respect thereto.
L.1953, c. 212, p. 1609, s. 9. Amended by L.1979, c. 496, s. 31.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11A-11 - Effect of issuance of certificate of approval

30:11A-11. Effect of issuance of certificate of approval
The issuance of a certificate of approval pursuant to this act shall not preclude a subsequent determination by the department that the establishment so approved is subject to licensing and other requirements of chapter eleven of Title 30 of the Revised Statutes, and shall not exempt such establishment from any requirements or penalties resulting from such determination, nor from any requirements or penalties imposed by any other law of this State.
L.1953, c. 212, p. 1610, s. 11.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11A-12 - Conditions for denial of application, regulation of care under certain circumstances.

30:11A-12 Conditions for denial of application, regulation of care under certain circumstances.
12. Nothing in P.L.1953, c.212 (C.30:11A-1 et seq.) shall vest authority, or be construed to vest authority, in either the Department of Health or the Department of Community Affairs, to deny any application for a certificate of approval or license on the sole ground that adequate residential health care facilities are already available in the vicinity or area for which the certificate of approval or license is sought.
Nothing in P.L.1953, c.212 (C.30:11A-1 et seq.) shall be so construed as to give authority to supervise or regulate or control the remedial care or treatment of individuals who are adherents of any well-recognized church or religious denomination which subscribes to the art of healing by prayer and the principles of which are opposed to medical treatment and who are living in any home or institution operated by a member or members, or by an association or corporation composed of members of such well-recognized church or religious denomination; provided, that such home or institution admits only adherents of such church or denomination and is so designated; nor shall the existence of any of the above conditions alone militate against granting a certificate of approval or license to such establishment; and provided further, that such establishment shall comply with all rules, regulations, and standards relating to sanitation and safety of the premises and be subject to inspection therefor.
L.1953, c.212, s.12; amended 1979, c.496, s.33; 2017, c.234, s.5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11A-13 - Additional officers and employees; costs of administration

30:11A-13. Additional officers and employees; costs of administration
The department is authorized, directed and empowered to employ, in compliance with the provisions of Title 11 of the Revised Statutes, such additional officers and employees as may be necessary to carry out the provisions of this act. The costs of administration of this act shall be provided for in the annual appropriation law.
L.1953, c. 212, p. 1611, s. 13.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11A-14 - Effective date

30:11A-14. Effective date
Section thirteen of this act shall take effect immediately, and all other sections of this act shall take effect July first, one thousand nine hundred and fifty-three.
L.1953, c. 212, p. 1612, s. 14.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11B-1 - Findings.

30:11B-1 Findings.
1. The Legislature finds that many developmentally disabled persons who are now housed in large institutions can be better cared for and given training for independent living in small community residences. Such persons have a right to the fuller, more normal life that care in such residences brings, and it is, therefore, the intention of the Legislature, through this act, to encourage the development of community residences for the developmentally disabled and to provide for the licensing and regulation of such residences by the Department of Human Services.
The Legislature further finds that there are many persons who have been hospitalized due to mental illness and are recovered to the extent that they no longer require such hospitalization, but would benefit from the specialized independent-living training available to residents of small community residences for the mentally ill. These community residences for the mentally ill may also be utilized by persons who have not been hospitalized for mental illness but who are participating in community mental health counseling or training programs provided by a State-affiliated community mental health agency. These persons have a right to the fuller, more normal life that care in community residences brings, and it is, therefore, the intention of the Legislature through this act, to encourage the development of community residences for the mentally ill and to provide for the licensing and regulation of the residences by the Department of Human Services or the Department of Children and Families, as applicable.
In addition, the Legislature finds that many persons who have sustained head injuries which impair their cognitive, behavioral, social or physical functioning, and who are now housed in large institutions can be better cared for and given training for independent living in small community residences. These persons have a right to the fuller, more normal life that care in these residences brings, and it is, therefore, the intention of the Legislature, through this act, to encourage the development of community residences for persons with head injuries and to provide for the licensing and regulation of these residences by the Department of Human Services.
L.1977, c.448, s.1; amended 1987, c.112, s.2; 1993, c.329, s.1; 2006, c.47, s.176.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11B-3 - Assistance in self-care, developing potential

30:11B-3. Assistance in self-care, developing potential
3. Every community residence for the developmentally disabled, every community residence for the mentally ill and every community residence for persons with head injuries shall provide to every person admitted assistance in maintaining a basic level of self-care and in developing the potential to live independently in the community.
L.1977,c.448,s.3; amended 1987,c.112,s.4; 1993,c.329,s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11B-4 - Licenses; regulations.

30:11B-4 Licenses; regulations.
4. All such residences which are operated by any individual or individuals, corporation, partnership, society or association, whether public or private, whether incorporated or unincorporated, whether for profit or nonprofit, shall be licensed by the Department of Human Services or Department of Children and Families, as applicable, under appropriate regulations promulgated by the commissioner or the Commissioner of Children and Families, as applicable. Such regulations shall govern the operation and maintenance of residences, and prescribe conditions for admission and discharge of residents. The regulations shall assure that essential life-safety, health and comfort conditions exist in a home-like atmosphere.
L.1977, c.448, s.4; amended 2006, c.47, s.178.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11B-4.1 - Applicable act

30:11B-4.1. Applicable act
The provisions of the "Uniform Fire Safety Act," P.L. 1983, c. 383 (C. 52:27D-193 et seq.) shall apply to any residence licensed or regulated pursuant to P.L. 1977, c. 448 (C. 30:11B-1 et seq.).
L. 1987, c. 112, s. 9.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11B-4.2 - Program standards.

30:11B-4.2 Program standards.
10. a. Within six months of the effective date of P.L.1987, c.112, the Director of the Division of Mental Health and Addiction Services in the Department of Human Services or the Division of Children's System of Care in the Department of Children and Families, as applicable, shall develop program standards which include criteria for educational and professional experience of employees of a community residence for the mentally ill and staffing ratios appropriate to the needs of the residents of the community residences for the mentally ill.
b. Within six months after the effective date of P.L.1993, c.329, the Commissioner of Human Services or the Commissioner of Children and Families, as applicable, shall develop program standards which include criteria for educational and professional experience of employees of a community residence for persons with head injuries and staffing ratios appropriate to the needs of the residents of these community residences.
L.1987, c.112, s.10; amended 1993, c.329, s.4; 1995, c.4, s.10; 2006, c.47, s.179; 2012, c.16, s.126.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11B-4.3 - On-site inspection prior to issuance of license, corrective action plan.

30:11B-4.3 On-site inspection prior to issuance of license, corrective action plan.
8. a. The department that is responsible for licensing the residences as provided in section 4 of P.L.1977, c.448 (C.30:11B-4) shall require that all residences are subject to an on-site inspection prior to the issuance of an initial license, and an on-site annual inspection shall be performed at a minimum of one time per year in each year the residence is licensed.
b. If deficiencies are identified in the annual inspection, the department shall require that a corrective action plan is developed by the residence to explain the steps that will be taken to correct the deficiencies. If the identified deficiencies pose a risk to the life and safety of the residents, then the department shall conduct an on-site subsequent inspection to verify that corrective action has been taken by the residence to correct the deficiencies.
c. The department shall not provide the residence or the ownership of the residence prior notice of any subsequent inspection to verify that corrective action has been taken regarding identified deficiencies that pose a risk to the life and safety of the residents.
d. The department shall identify the type of deficiencies that pose a risk to the life and safety of the residents and require a subsequent on-site inspection.
e. The department may adopt a system to address multiple inspections which may be necessary to address multiple deficiencies noted in the annual inspection.
L.2017, c.328, s.8.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11B-4.4 - Rules, regulations.

30:11B-4.4 Rules, regulations.
9. The Commissioners of Children and Families and Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations as the commissioners determine necessary to effectuate the purposes of this act.
L.2017, c.328, s.9.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11B-5 - Geographic location.

30:11B-5 Geographic location.
5. The geographic location of community residences for the developmentally disabled, community residences for the mentally ill and community residences for persons with head injuries shall be monitored by the Department of Human Services or Department of Children and Families, as applicable. Through the granting or withholding of licenses, the respective department shall insure that these residences are available throughout the State, without unnecessary concentration in any area.
L.1977, c.448, s.5; amended 1987, c.112, s.5; 1993, c.329, s.5; 2006, c.47, s.180.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11B-6 - Residents of municipality

30:11B-6. Residents of municipality
6. All residents of community residences for the developmentally disabled, community residences for the mentally ill and community residences for persons with head injuries in any municipality and county of the State shall be deemed residents of such municipality and county for all purposes, and shall be entitled to the use and benefit of all health, education, vocational and other facilities of such municipality and county in the same manner and extent as any other persons living in such municipality and county.
L.1977,c.448,s.6; amended 1987,c.112,s.6; 1993,c.329,s.6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:11B-7 - Fiscal audit, analysis; review

30:11B-7. Fiscal audit, analysis; review
One year after the effective date of this act and annually thereafter the office of the State Auditor in the Office of Legislative Services shall conduct a fiscal audit and analysis of the operation of community residences for the developmentally disabled and of community residences for the mentally ill and shall report its findings to the Legislature. One year after the effective date of this act and annually thereafter, the Senate standing committee on Institutions, Health and Welfare and the General Assembly standing committee on Health and Human Resources shall jointly conduct a review of the operation and effectiveness of community residences for the developmentally disabled and community residences for the mentally ill and report their findings to the Legislature with any recommendations they may have.
L. 1977, c. 448, s.7; amended by L. 1987, c. 112, s. 7.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:12-1 - Consent of municipality to establishment or maintenance by persons or corporations

30:12-1. Consent of municipality to establishment or maintenance by persons or corporations
No person or corporation shall locate, erect, build, establish or maintain, either temporarily or permanently, any pesthouse or hospital or building for the treatment of any communicable diseases, or for the reception of persons suffering from any such disease, within any municipality, without first obtaining the consent of the governing body of such municipality, which consent may be given by resolution and upon such terms and conditions as may be embraced in such resolution.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:12-2 - Consent of municipality to location of communicable disease institution for profit.

30:12-2 Consent of municipality to location of communicable disease institution for profit.
30:12-2. No person, corporation, or association, except municipal corporations or corporations not organized for pecuniary profit, shall establish or maintain for profit any hospital or other institution for persons who have communicable diseases without first having obtained the consent by resolution or ordinance of the governing board or body of the municipality within which the institution is to be established.
Notice of application for such consent, setting forth the time and place at which the application will be presented, the name of the applicant, and the exact location of the proposed institution shall be given by publication for at least two weeks in one or more newspapers published and circulated in the municipality, or if none be published therein, by posting in ten of the most public places in such municipality at least 14 days before the meeting at which the application will be presented.
amended 1977, c.63, s.22; 2017, c.131, s.130.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-1 - Legislative findings and declarations

30:13-1. Legislative findings and declarations
The Legislature hereby finds and declares that the well-being of nursing home residents in the State of New Jersey requires a delineation of the responsibilities of nursing homes and a declaration of a bill of rights for such residents.
L.1976, c. 120, s. 1, eff. Nov. 30, 1976.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:13-2 - Definitions.

30:13-2 Definitions.
2. For the purposes of this act:
a. "Administrator" means any individual who is charged with the general administration or supervision of a nursing home whether or not such individual has an ownership interest in such home and whether or not the individual's function and duties are shared with one or more other individuals.
b. "Guardian" means a person, appointed by a court of competent jurisdiction, who shall have the right to manage the financial affairs and protect the rights of any nursing home resident who has been declared an incapacitated person. In no case shall the guardian of a nursing home resident be affiliated with a nursing home, its operations, its staff personnel, or a nursing home administrator in any manner whatsoever.
c. "Nursing home" means any institution, whether operated for profit or not, which maintains and operates facilities for extended medical and nursing treatment or care for two or more nonrelated individuals with acute or chronic illness or injury, or a physical disability, or who are convalescing, or who are in need of assistance in bathing, dressing, or some other type of supervision, and are in need of such treatment or care on a continuing basis.
d. "Reasonable hour" means any time between the hours of 8 a.m. and 8 p.m. daily.
e. "Resident" means any individual receiving extended medical or nursing treatment or care at a nursing home.
L.1976, c.120, s.2; amended 1997, c.379, s.8; 2017, c.131, s.131.