reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 18 - CLINICAL RECORDS › Section 10:161B-18.6 - Preservation, storage, and retrieval of clinical records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				facility shall preserve all clinical records in accordance with
				26:8-5 for a period of 10 years
				following the most recent discharge of the client, or until he or she reaches
				23 years, whichever is longer. In addition, a discharge/continuum of care
				summary sheet shall be retained by such custodian of records for a period of 20
				years following the most recent discharge of the client. The discharge summary
				sheet shall contain the client's name, address, date(s) of admission and
				discharge and a summary of the treatment and medication rendered during the
				client's stay.
(b) If the facility
				plans to cease operation, it shall notify DCN&L, in writing, at least 14
				days before cessation of operation, of the location where clinical records
				shall be stored and of methods for their retrieval.
1. The facility shall store all clinical
				records on-site unless off-site storage is approved by DCN&L.
2. DCN&L shall approve off-site storage
				if the notice from the facility requesting approval ensures that off-site
				storage shall maintain:
i. Retrieval and
				delivery of clinical records within one business day following request, seven
				days per week, 24 hours per day; and
ii. Immediate availability of clinical record
				information through telephone and facsimile communications systems.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 19 - INFECTION PREVENTION AND CONTROL SERVICES › Section 10:161B-19.1 - Infection prevention and control

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				administrator shall ensure the development, implementation and up-to-date
				maintenance of an infection prevention and control program.
(b) The outpatient substance use disorder
				treatment program shall establish an infection control committee, or designate
				an individual responsible for ensuring that the rules in this subchapter are
				followed.
1. If an infection control
				committee is established, it shall include a representative of administration,
				a person designated by the administrator to be responsible for implementing the
				policies and procedures regarding infection prevention and control in the
				facility, and, when applicable, the medical director or consultant physician,
				and a representative from nursing services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 20 - HOUSEKEEPING, SANITATION AND SAFETY › Section 10:161B-20.1 - Provision of services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The outpatient
				substance use disorder treatment facility shall provide and maintain a sanitary
				and safe environment for clients and staff.
(b) The facility shall provide housekeeping
				and pest control services; as well as laundry services if needed.
(c) The facility shall develop and implement
				written objectives, policies, a procedure manual, an organizational plan, and a
				quality assurance program for housekeeping, sanitation and safety
				services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 20 - HOUSEKEEPING, SANITATION AND SAFETY › Section 10:161B-20.2 - Housekeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall establish and implement a written work plan for housekeeping operations
				with categorization of cleaning assignments as daily, weekly, monthly, or
				annually within each area of the facility.
(b) The facility shall ensure that all
				housekeeping personnel are trained in cleaning procedures, including the use,
				cleaning, and care of equipment.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 20 - HOUSEKEEPING, SANITATION AND SAFETY › Section 10:161B-20.3 - Client care environment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall meet the following housekeeping and sanitation conditions:
1. The facility and its contents shall be
				clean to sight and touch and free of dirt and debris;
2. All rooms shall be free of condensation,
				mold growth, and noxious odors;
3.
				All equipment and materials necessary for cleaning, disinfecting, and
				sterilizing (if applicable), shall be available in the facility at all
				times;
4. Thermometers, which are
				accurate to within three degrees Fahrenheit, shall be kept in a visible
				location in refrigerators, freezers, and storerooms used for perishable and
				other items subject to deterioration;
5. Articles in storage shall be elevated from
				the floor and away from walls, ceilings, and air vents;
6. Aisles in storage areas shall be
				unobstructed;
7. Controls safe for
				clients and staff shall be used to minimize and eliminate the presence of
				rodents, flies, roaches, fleas and other vermin in the facility, and to prevent
				the breeding, harborage, or feeding of vermin;
i. All openings to the outer air shall be
				effectively protected against the entrance of insects;
8. Toilet tissue, soap, and disposable towels
				or air driers shall be provided in each bathroom at all times;
9. Draperies, upholstery, and other fabrics
				or decorations shall be fire-resistant and flameproof;
10. The temperature within client areas of
				the facility shall be maintained within a minimum of 68 to 72 degrees
				Fahrenheit.
i. The facility shall maintain
				adequate ventilation in all areas used by clients; and
11. Facilities which provide areas for
				children on the premises shall ensure that children are not exposed to lead
				based paint hazards in accordance with the provisions of N.J.A.C. 8:51,
				Childhood Lead Poisoning. Facilities constructed prior to 1978 shall be
				considered to contain lead based paint unless an inspection and testing by an
				individual with a New Jersey Lead Inspector/Risk Assessor permit has determined
				that the paint does not contain lead.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 20 - HOUSEKEEPING, SANITATION AND SAFETY › Section 10:161B-20.4 - Waste removal and regulated medical waste

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall collect, store and dispose of all solid or liquid waste (which is not
				regulated medical waste), garbage, and trash in accordance with all applicable
				State and local laws and shall:
1. Store
				solid waste in insect proof, rodent proof, fireproof, non-absorbent and
				watertight containers with tight fitting covers;
2. Collect solid waste from storage areas
				regularly to prevent nuisances such as odors; and
3. Provide for regular, scheduled cleaning of
				storage areas and containers for all waste in accordance with N.J.A.C.
				8:24.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 20 - HOUSEKEEPING, SANITATION AND SAFETY › Section 10:161B-20.5 - Water supply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall use a water supply for drinking or culinary purposes that is adequate in
				quantity, of a safe and sanitary quality, and from a water system constructed,
				protected, operated, and maintained in conformance with the New Jersey Safe
				Drinking Water Act,
				58:12A-1 et seq., N.J.A.C. 7:10,
				and local laws, ordinances, and regulations, with no back siphonage conditions
				present.
(b) The facility shall
				maintain the temperature of the hot water used for hand washing between 95
				degrees and 120 degrees Fahrenheit or 35 to 49 degrees Celsius.
(c) The facility shall use a sewage disposal
				system maintained in good repair and operated in compliance with State and
				local laws, ordinances, rules and regulations.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 21 - QUALITY ASSURANCE PROGRAM › Section 10:161B-21.1 - Quality assurance program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The outpatient
				substance use disorder treatment facility shall establish and implement an
				integrated comprehensive quality assurance program for client care; review the
				program at least annually; and revise as necessary.
1. The quality assurance program shall
				specify a timetable for implementation, provision for ongoing monitoring of
				staff and client care services, including the development of the facility's
				quality plans.
2. The quality
				assurance program shall incorporate all of the facility's quality assurance
				plans and discipline specific (medical, nursing, client care) quality assurance
				programs as identified in this subchapter.
3. The facility shall establish a mechanism
				to include participation of all disciplines in the identification of areas for
				quality assurance review that effect client care throughout the
				facility.
4. The administrator
				shall identify one staff person who will be responsible for administering the
				facility's quality assurance program and complying with the requirements of
				this subchapter.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 21 - QUALITY ASSURANCE PROGRAM › Section 10:161B-21.2 - Quality assurance activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility's
				quality assurance program shall provide for an ongoing process for monitoring
				and evaluating client care services, staffing, infection prevention and
				control, housekeeping, sanitation, safety, maintenance of physical plant and
				equipment, client care statistics, discharge planning services, volunteer
				services and shall include, but not be limited to:
1. Evaluation of the behavioral and
				pharmacological approaches to treatment to ensure that treatment practices are
				evidence-based or based on best objective information to provide treatment
				services consistent with recognized treatment principles and practices for each
				level of care and type of client served, as defined at
N.J.A.C.
				10:161B
-6.2(a)11;
2.
				Review of policies, procedures, and practices relating to the provision of
				clinical supervision of staff, including the methods and frequency by which
				staff receive clinical supervision;
3. Evaluation of client care shall be
				criteria-based, and trigger certain review actions when specific, quantified,
				predetermined levels of outcomes or potential problems are
				identified;
4. Periodic reviews of
				client clinical records;
5.
				Evaluation by clients of care and services provided by the program;
6. If the families of clients are routinely
				involved in the care and services provided by the facility, the quality
				assurance plan shall include a means for obtaining their input; and
7. The quality assurance plan shall include
				at a minimum an annual review of staff qualifications and credentials, and
				staff orientation and education.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 22 - VOLUNTEER SERVICES › Section 10:161B-22.1 - Provision of volunteer services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The outpatient
				substance use disorder treatment facility may provide volunteer services as an
				integral part of its services.
1. Volunteers
				shall not provide direct client care or treatment services in lieu of staff as
				required by this chapter.
2.
				Volunteers shall not administer medications.
3. Volunteers shall not be used to restrain
				clients.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 22 - VOLUNTEER SERVICES › Section 10:161B-22.2 - Volunteer policies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the program
				provides volunteer services, it shall establish and implement written policies
				and procedures that shall include, but not be limited to, the following:
1. Criteria for individuals to participate
				in, or be excluded from, volunteer service, including, but not be limited to,
				the following criteria:
i. Minimum age and
				physical examination requirements for volunteers; and
ii. The minimum period of time during which
				individuals with a prior history of substance abuse (alcohol, tobacco and other
				drugs) shall be continuously substance free before being accepted as
				volunteers;
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 23 - PHYSICAL PLANT AND FUNCTIONAL REQUIREMENTS › Section 10:161B-23.1 - Physical plant general compliance for new construction or alteration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) New buildings and alterations and
				additions to existing buildings for freestanding outpatient substance use
				disorder treatment facilities shall conform with the New Jersey Uniform
				Construction Code,
5:23-3.2
,
				incorporating specified subchapters of the model code of the International
				Building Code 2000 (IBC 2000), New Jersey Edition, published by the
				International Code Council, Inc. (formerly BOCA), 4051 W. Flossmoor Road,
				County Club Hills, IL 60478-5795, appropriate to Use Group B, as amended and
				supplemented; and the 2006 edition of the Guidelines for Design and
				Construction of Hospitals and Health Care Facilities, published by the American
				Institute of Architects Press, 1735 New York Avenue, NW, Washington, DC 20006,
				telephone 202-626-7475, as amended and supplemented, incorporated herein by
				reference.
(b) New buildings and
				alterations and additions to existing buildings for outpatient substance use
				disorder treatment facilities which are part of an acute care hospital shall
				conform with the New Jersey Uniform Construction Code,
5:23-3.2
, incorporating
				specified subchapters of the model code of the International Building Code 2000
				(IBC 2000), New Jersey Edition, published by the International Code Council,
				Inc. (formerly BOCA), 4051 W. Flossmoor Road, County Club Hills, IL 60478-5795,
				appropriate to Use Group B or Multiple Use Occupancy, Use Group B within an I-2
				Use Group, as amended and supplemented; and the 2006 edition of the Guidelines
				for Design and Construction of Hospitals and Health Care Facilities, published
				by the American Institute of Architects Press, 1735 New York Avenue, NW,
				Washington, DC 20006, telephone 202-626-7475, as amended and supplemented,
				incorporated herein by reference.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 23 - PHYSICAL PLANT AND FUNCTIONAL REQUIREMENTS › Section 10:161B-23.2 - Physical plant general compliance for construction or alteration completed prior to June 1, 2009

Current through Register Vol. 56, No. 14, July 15, 2024
Facilities constructed or altered prior to June 1, 2009,
				  shall conform with Federal, State, and local standards in effect at the time of
				  construction, alteration, or approval of plans for construction or alteration
				  by the Department of Community Affairs.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 23 - PHYSICAL PLANT AND FUNCTIONAL REQUIREMENTS › Section 10:161B-23.3 - Plan review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to any construction, all plans for
				construction, alterations or renovations shall be submitted for review and
				approval to the local Office of the Building Code Official of the municipality
				in which the project is located, or the municipality having
				jurisdiction.
(b) Review fees shall
				be paid pursuant to
				N.J.A.C.
				8:31-1.1.
(c) Simultaneously with any plan(s)
				submission to the local Building Code Official, each agency shall submit one
				set of floor and furniture plans to DCN&L, for a cursory review and
				inclusion in DCN&L facility files. Submit floor and furniture plans to:
New Jersey Department of Health
Division of Certificate of Need and Licensing
PO Box 358
Trenton, NJ 08625-0358
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 23 - PHYSICAL PLANT AND FUNCTIONAL REQUIREMENTS › Section 10:161B-23.4 - Alterations, replacements and damage to existing facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Existing
				structures, when repaired, renovated, altered or reconstructed, shall conform
				to the requirements of N.J.A.C. 5:23-6, Rehabilitation Subcode.
(b) If an existing structure is damaged by
				fire or any other cause, the requirements of N.J.A.C. 5:23-6, Rehabilitation
				Subcode, shall apply to the restoration of such building or
				structure.
(c) Any work which is
				mandated by any housing, property or fire safety maintenance code, standard or
				regulation or other State or local law requiring improvements to buildings or
				structures, shall be made to conform only to the requirements of that code,
				standard, law or regulation and shall not be required to conform to the
				subcodes adopted pursuant to this chapter unless the code requiring the
				alterations so provides.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 23 - PHYSICAL PLANT AND FUNCTIONAL REQUIREMENTS › Section 10:161B-23.5 - Provision for the handicapped

Current through Register Vol. 56, No. 14, July 15, 2024
All facilities shall be made available and accessible to the
				  physically handicapped pursuant to the New Jersey Uniform Construction Code,
				  N.J.A.C. 5:23-6, Rehabilitation Subcode, and 5:23-7, Barrier Free
				  Subcode.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 23 - PHYSICAL PLANT AND FUNCTIONAL REQUIREMENTS › Section 10:161B-23.6 - Restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
Mixed use occupancy shall not be permitted in buildings
				  classified as High Hazard (H), Factory (F) or Assembly (A-2) Use Groups, in
				  accordance with
N.J.A.C. 5:23
and P.L. 100-336, the Americans
				  with Disabilities Act, as amended and supplemented, and the Accessibility
				  Guidelines for Buildings and Facilities (2002), as amended and supplemented,
				  incorporated herein by reference. The Accessibility Guidelines are available at
				  the United States Access Board website,
				  http://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-ada-standards*,
				  or from the Superintendent of Documents, Government Printing Office,
				  Washington, DC, 20402.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 23 - PHYSICAL PLANT AND FUNCTIONAL REQUIREMENTS › Section 10:161B-23.7 - Ventilation

Current through Register Vol. 56, No. 14, July 15, 2024
Ventilation shall be provided in accordance with the
				  International Mechanical Code 2003, as incorporated in N.J.A.C. 5:23.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 23 - PHYSICAL PLANT AND FUNCTIONAL REQUIREMENTS › Section 10:161B-23.8 - Exit access passageway and corridors

Current through Register Vol. 56, No. 14, July 15, 2024
The width of passageways including doors, aisles and
				  corridors in a facility shall not be less than 36 inches.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 23 - PHYSICAL PLANT AND FUNCTIONAL REQUIREMENTS › Section 10:161B-23.9 - Fire alarm and detection systems

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall have a fire alarm and smoke detection
				  system throughout the physical plant, which shall be in accordance with all
				  applicable rules of the New Jersey Department of Community Affairs at N.J.A.C.
				  5:23 and 5:70.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 23 - PHYSICAL PLANT AND FUNCTIONAL REQUIREMENTS › Section 10:161B-23.10 - Interior finish requirement

Current through Register Vol. 56, No. 14, July 15, 2024
Interior wall and ceiling finishes shall be installed in
				  accordance with all applicable rules of the New Jersey Department of Community
				  Affairs at N.J.A.C. 5:23 and 5:70.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 23 - PHYSICAL PLANT AND FUNCTIONAL REQUIREMENTS › Section 10:161B-23.11 - Attached structures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Attached
				structures such as storage sheds or private garages located beneath the
				buildings shall have fire separation assemblies at the walls, floors, and
				ceilings separating the space from the adjacent interior enclosed space
				constructed of not less than one-hour fire resistance rating.
(b) Attached private garages shall be
				completely separated from the adjacent interior enclosed spaces and the attic
				area by means of one-hour fire rated separation assembly applied to the garage
				side.
(c) The sills of all door
				openings in the garage between garage and building shall be raised not less
				than four inches above the garage floor and openings shall be protected in
				accordance with the rules of the Department of Community Affairs at N.J.A.C.
				5:23 and 5:70.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 24 - PHYSICAL ENVIRONMENT › Section 10:161B-24.1 - Kitchens

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall keep all kitchen exhaust fans and metal
				  ducts free of grease and dirt, and metal ducts shall comply with the rules of
				  the New Jersey Department of Community Affairs at N.J.A.C. 5:23.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 24 - PHYSICAL ENVIRONMENT › Section 10:161B-24.2 - Fire extinguisher specifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall keep a minimum of two fire extinguishers in the basement or in a place
				that will ensure a fire extinguisher within 50 feet of any oil or gas used as a
				fuel source. There should be at least one fire extinguisher on each floor or as
				many as necessary to ensure that no one must travel more than 75 feet
				(excluding the kitchen), and as many as may be necessary in or near the kitchen
				to ensure that a fire extinguisher is within 50 feet of any ranges and stoves.
				All of the extinguishers shall bear the seal of the Underwriters Laboratory.
1. Fire extinguishers in all kitchen areas
				shall be Class B dry chemical type 2-B and a minimum of five pounds.
2. Fire extinguishers in the basement shall
				comply with (a)l above if oil or gas is used as a fuel source.
3. In all other instances, fire extinguishers
				may be Class A air pressurized 2.5 gallon water type 2-A.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 24 - PHYSICAL ENVIRONMENT › Section 10:161B-24.3 - Ceiling heights

Current through Register Vol. 56, No. 14, July 15, 2024
The facilities shall have ceiling heights in corridors,
				  storage rooms, client rooms, bathrooms and lavatories in accordance with the
				  rules of the New Jersey Department of Community Affairs at N.J.A.C. 5:23.
				  Ceilings in other spaces not normally occupied may be reduced to seven feet in
				  height.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 25 - EXISTING FACILITIES › Section 10:161B-25.1 - Physical plant standards for all existing licensed facilities

Current through Register Vol. 56, No. 14, July 15, 2024
Existing licensed outpatient substance use disorder treatment
				  facilities shall comply with, and shall continue to be inspected according to,
				  those codes and standards which were in effect at the time of their initial
				  licensure, with the exception that safety standards must be upgraded to meet
				  current regulations.
(Agency Note: The text of
N.J.A.C. 10:161B
Appendix B follows without boldface and asterisks or brackets and
				  asterisks symbolizing changes upon adoption; those portions of the appendix
				  appearing in boldface are intended to be so permanently.)
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 25 - EXISTING FACILITIES › Section 10:161B-25.2 - Fire safety

Current through Register Vol. 56, No. 14, July 15, 2024
Smoke detectors, fire suppression systems, and building
				  separations shall be in compliance with the Uniform Fire Code of the State of
				  New Jersey, N.J.A.C. 5:70-3 and 4, as applicable.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 162 - INTOXICATED DRIVING PROGRAM › Subchapter 1 - INTOXICATED DRIVING PROGRAM/INTOXICATED DRIVER RESOURCE CENTER › Section 10:162-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to improve the driving
				  behavior of individuals who have been identified as having some alcohol or drug
				  involvement in connection with the operation of a motor vehicle or vessel. The
				  chapter applies to all county Intoxicated Driver Resource Centers, all
				  affiliated treatment programs, and the Department of Health, and all
				  individuals convicted in New Jersey or New Jersey licensees convicted in other
				  states of a drug or alcohol offense related to the operation of a motor vehicle
				  or vessel after May 25, 1977, and individuals subject to N.J.A.C. 13:20-31,
				  adopted December 15, 1972.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 162 - INTOXICATED DRIVING PROGRAM › Subchapter 1 - INTOXICATED DRIVING PROGRAM/INTOXICATED DRIVER RESOURCE CENTER › Section 10:162-1.3 - Establishment of an Intoxicated Driver Resource Center (IDRC)

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Subject to the approval of the Division of Mental Health and Addiction
				Services, the counties shall, with its cooperation, designate and establish
				Intoxicated Driver Resource Centers on a county or regional basis as required
				by
				N.J.S.A.
				39:4-50(f). The counties may
				establish such a center themselves or in cooperation with other counties. The
				counties may either operate the IDRCs themselves, or they may contract for the
				operation of the IDRCs.
1. Each county shall
				designate and establish a 12-hour IDRC and a 48-hour IDRC.
i. The 12-hour IDRC shall detain assigned
				clients for no less than six hours each day during two consecutive days. For
				the duration of the COVID-19 Public Health Emergency and until expiration of
				this temporary rule modification, the requirement that clients be detained for
				a period of no less than six hours each day during two consecutive days for a
				period of 12 hours may be satisfied by the completion of a 12-hour online IDRC
				program approved by the Intoxicated Driving Program.
ii. The 48-hour IDRC shall detain assigned
				clients for 48-consecutive hours. For the duration of the COVID-19 Public
				Health Emergency and until expiration of this temporary rule modification, the
				requirement that clients be detained for a period of 48 consecutive hours may
				be satisfied by the client's completion of an online IDRC program designed for
				second offenders and approved by the Intoxicated Driving Program. The
				curriculum must be completed over the course of 48 consecutive hours. In
				addition, the 48-hour IDRC must ensure that participating clients are detained
				for 48 consecutive hours in their residence, such as through written client
				attestation or other forms of monitoring (for example, telephone or electronic
				check-ins).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 162 - INTOXICATED DRIVING PROGRAM › Subchapter 2 - ACTIONS SUBSEQUENT TO CONVICTION FOR N.J.S.A. 39:4-50 ET SEQ. OR 39:4-50.4(A) OR 39:4-50.14 OR 12:7-57 OR 12:7-34.19 OR 12:7-46 OR 39:3-10.24 OR 39:4-14.3G › Section 10:162-2.1 - Notification and evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a)The Intoxicated
				Driving Program shall be notified of every conviction for violation of
				39:4-50 et seq., 39:4-50.4(a),
				39:4-50.14, 12:7-54, 12:7-34.19, 12:7-46, 12:7-57, 39:4-14.3g, and 39:3-10.24
				by the sentencing court.
(b) The
				Intoxicated Driving Program shall schedule persons who have been convicted in
				(a) above, or referred, in accordance with
				10:162-2.3, for attendance at an
				appropriate Intoxicated Driver Resource Center.
(c) The Intoxicated Driver Resource Center
				shall take the following types of actions:
1.
				Evaluate, detain if appropriate and interview all persons referred to the
				Intoxicated Driver Resource Center by the Intoxicated Driver Program;
				and
2. Refer a person to an
				appropriate treatment level upon completion of detention at the Intoxicated
				Driver Resource Center based upon the evaluation instrument, counselor
				evaluations, the driving record, blood alcohol concentration and other relevant
				information.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 162 - INTOXICATED DRIVING PROGRAM › Subchapter 2 - ACTIONS SUBSEQUENT TO CONVICTION FOR N.J.S.A. 39:4-50 ET SEQ. OR 39:4-50.4(A) OR 39:4-50.14 OR 12:7-57 OR 12:7-34.19 OR 12:7-46 OR 39:3-10.24 OR 39:4-14.3G › Section 10:162-2.2 - Report to court and the Division of Motor Vehicles following noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Failure on the
				part of the client to appear at an Intoxicated Driver Resource Center shall
				result in a referral to Division of Motor Vehicles for appropriate action, and,
				referral to the court of conviction for appropriate action.
(b) Failure on the part of the client to
				comply with the course of action or fee schedule required by the Intoxicated
				Driving Program/Intoxicated Driver Resource Center or the course of action at
				an affiliated agency or provider shall result in a report of noncompliance to
				the sentencing court and the Division of Motor Vehicles for appropriate action
				pursuant to
				39:4-50(b).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 162 - INTOXICATED DRIVING PROGRAM › Subchapter 2 - ACTIONS SUBSEQUENT TO CONVICTION FOR N.J.S.A. 39:4-50 ET SEQ. OR 39:4-50.4(A) OR 39:4-50.14 OR 12:7-57 OR 12:7-34.19 OR 12:7-46 OR 39:3-10.24 OR 39:4-14.3G › Section 10:162-2.3 - Authorized referrals to the Intoxicated Driving Program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chief of
				the Intoxicated Driving Program may receive referrals in writing from courts,
				Motor Vehicle licensing authorities, highway safety agencies, law enforcement
				agencies, physicians, family members, health agencies or social service
				agencies regarding persons who are believed to be posing a public danger in the
				operation of a motor vehicle or vessel as a result of the misuse of alcohol
				and/or drugs. The Intoxicated Driving Program may schedule an interview with
				the referred individual at an appropriate Intoxicated Driver Resource Center or
				at the Office of Intoxicated Driving Program for evaluation and appropriate
				action. A copy of the referral document will be given to the client at the time
				of the interview. Client failure to attend the interview or any ordered
				treatment or referral under this chapter shall result in a recommendation to
				the Division of Motor Vehicles for appropriate action.
(b) The Intoxicated Driving Program may
				receive referrals from any Division of Motor Vehicles hearing in which it is
				determined that alcohol or drugs may have been involved in the operation of a
				motor vehicle or vessel, independent of court findings reported to the Division
				as a result of court action for an alcohol or drug related offense.
(c) The Intoxicated Driving Program may refer
				a licensee who is referred as a result of a Division of Motor Vehicles hearing
				to a treatment or a rehabilitation program.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 162 - INTOXICATED DRIVING PROGRAM › Subchapter 2 - ACTIONS SUBSEQUENT TO CONVICTION FOR N.J.S.A. 39:4-50 ET SEQ. OR 39:4-50.4(A) OR 39:4-50.14 OR 12:7-57 OR 12:7-34.19 OR 12:7-46 OR 39:3-10.24 OR 39:4-14.3G › Section 10:162-2.4 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
Fees shall be paid as provided for at
				  N.J.S.A.
				  39:4-50, 39:4-50.4,
				  39:4-50.14,
				  39:4-14.3g,
				  12:7-57,
				  12:7-34.19,
				  12:7-46,
				  and
				  39:3-10.24
				  or any amendment thereto and shall be payable as designated by the Division
				  from every person each time the person is convicted of a relevant alcohol or
				  drug-related offense. These fees are owed and due upon conviction, pursuant to
				  N.J.S.A.
				  39:4-50if the conviction occurred on or after
				  October 9, 1986, and upon referral or evaluation to the Intoxicated Driver
				  Resource Center and the Intoxicated Driving Program if the conviction occurred
				  prior to October 9, 1986.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 162 - INTOXICATED DRIVING PROGRAM › Subchapter 2 - ACTIONS SUBSEQUENT TO CONVICTION FOR N.J.S.A. 39:4-50 ET SEQ. OR 39:4-50.4(A) OR 39:4-50.14 OR 12:7-57 OR 12:7-34.19 OR 12:7-46 OR 39:3-10.24 OR 39:4-14.3G › Section 10:162-2.5 - Authorized license actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Intoxicated
				Driving Program may recommend to the Division of Motor Vehicles and to the
				sentencing court the following types of license actions:
1. Restoration of New Jersey driving
				privileges upon termination of a court-imposed suspension based on satisfaction
				of Intoxicated Driving Program and Intoxicated Driver Resource Center program
				requirements; or
2. Suspension of
				the driver's license if he or she fails to comply with the Intoxicated Driving
				Program/Intoxicated Driver Resource Center program or fee
				requirements.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 162 - INTOXICATED DRIVING PROGRAM › Subchapter 2 - ACTIONS SUBSEQUENT TO CONVICTION FOR N.J.S.A. 39:4-50 ET SEQ. OR 39:4-50.4(A) OR 39:4-50.14 OR 12:7-57 OR 12:7-34.19 OR 12:7-46 OR 39:3-10.24 OR 39:4-14.3G › Section 10:162-2.6 - Conflict of interest

Current through Register Vol. 56, No. 14, July 15, 2024
The county freeholders, through the county counsel or
				  solicitor, shall be responsible for making an initial determination of whether
				  a conflict of interest exists with respect to the management and staff of an
				  Intoxicated Driver Resource Center. The county shall be responsible for
				  eliminating such a conflict of interest, in accordance with
				  N.J.S.A. 40A:9-22.1et
				  seq., and/or county conflict of interest standards. The county counsel or
				  solicitor shall notify the Intoxicated Driving Program in writing that the
				  Intoxicated Driver Resource Center treatment referral process is not in
				  conflict of interest. Should there be a change in the treatment referral
				  process, it shall be approved by the county counsel or solicitor and a new
				  letter provided to the Intoxicated Driving Program prior to initiating the
				  change. If an Intoxicated Driver Resource Center wishes to employ staff who are
				  also working for an affiliated treatment program, a procedure to avoid conflict
				  of interest shall be established by the Intoxicated Driver Resource Center and
				  approved by the county counsel or solicitor. If, in its discretion, the
				  Intoxicated Driving Program determines that a conflict of interest still exists
				  after county review and action, it may refer the matter to the Commissioner of
				  Health, to the Local Finance Board in the Department of Community Affairs, or
				  to the Attorney General for advice or action, as appropriate.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 162 - INTOXICATED DRIVING PROGRAM › Subchapter 2 - ACTIONS SUBSEQUENT TO CONVICTION FOR N.J.S.A. 39:4-50 ET SEQ. OR 39:4-50.4(A) OR 39:4-50.14 OR 12:7-57 OR 12:7-34.19 OR 12:7-46 OR 39:3-10.24 OR 39:4-14.3G › Section 10:162-2.7 - Intoxicated Driver Resource Center Income and Expenditure Report

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				No later than April 1 of each calendar year, each Intoxicated Driver Resource
				Center shall submit to the Intoxicated Driving Program and their
				county-designating authority (for example, Board of Freeholders) a detailed
				income and expenditure report for the previous calendar year, which shall
				include:
1. Salary and fringe;
2. Rental costs for office;
3. Supplies;
4. Travel;
5. Maintenance of building;
6. Equipment purchase and rental;
7. Telephone;
8. Computer-data processing;
9. Printing and copying;
10. Security;
11. Staff training;
12. Subcontractors;
13. Fee collections; and
14. Other expenses.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 162 - INTOXICATED DRIVING PROGRAM › Subchapter 2 - ACTIONS SUBSEQUENT TO CONVICTION FOR N.J.S.A. 39:4-50 ET SEQ. OR 39:4-50.4(A) OR 39:4-50.14 OR 12:7-57 OR 12:7-34.19 OR 12:7-46 OR 39:3-10.24 OR 39:4-14.3G › Section 10:162-2.8 - Curriculum

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chief of the Intoxicated Driving
				Program shall prescribe the educational curriculum for use by the Intoxicated
				Driver Resource Center.
1. In order to make
				changes to the prescribed educational curriculum or to use an alternate
				educational curriculum, the Intoxicated Driver Resource Center must seek and
				obtain the approval of the Chief of the Intoxicated Driving Program.
2. Suggestions for changes to the prescribed
				educational curriculum or requests to use an alternate educational curriculum
				shall be submitted in writing by the Intoxicated Driver Resource Center
				Director with approval of the county designating authority to the Chief of the
				Intoxicated Driving Program.
3. The
				Chief of the Intoxicated Driving Program shall have the authority to alter and
				approve the proposed changes to the prescribed educational curriculum or
				alternate educational curriculum after consultation with the Intoxicated Driver
				Resource Center Director(s).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 162 - INTOXICATED DRIVING PROGRAM › Subchapter 2 - ACTIONS SUBSEQUENT TO CONVICTION FOR N.J.S.A. 39:4-50 ET SEQ. OR 39:4-50.4(A) OR 39:4-50.14 OR 12:7-57 OR 12:7-34.19 OR 12:7-46 OR 39:3-10.24 OR 39:4-14.3G › Section 10:162-2.9 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Intoxicated Driver Resource Center
				shall keep client information and records confidential in accordance with any
				and all applicable Federal and State laws, rules, and regulations including,
				but not limited to, the Health Insurance Portability and Accountability Act
				(HIPAA), 45 CFR Parts 160 and 164, and the Confidentiality of Alcohol and Drug
				Abuse Patient Records, 42 CFR Part 2.
(b) The Intoxicated Driver Resource Center
				shall establish and implement policies and procedures for the maintenance,
				preservation, and safeguarding of client records and information, which shall
				be reviewed at least bi-annually by the Director. These policies and procedures
				shall address, at a minimum, the following: protection of client records and
				information from loss, tampering, alteration, and unauthorized use or
				disclosure; retention and destruction of client records and information; and
				the transfer of client records and information to other Intoxicated Driver
				Resource Centers, affiliated providers, or other health care
				entities.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 162 - INTOXICATED DRIVING PROGRAM › Subchapter 2 - ACTIONS SUBSEQUENT TO CONVICTION FOR N.J.S.A. 39:4-50 ET SEQ. OR 39:4-50.4(A) OR 39:4-50.14 OR 12:7-57 OR 12:7-34.19 OR 12:7-46 OR 39:3-10.24 OR 39:4-14.3G › Section 10:162-2.10 - Data collection and reporting

Current through Register Vol. 56, No. 14, July 15, 2024
The Intoxicated Driver Resource Centers shall input and
				  report client information and status, and such additional client and service
				  data as the Intoxicated Driving Program may require, through a
				  Division-approved and designated computer system.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 162 - INTOXICATED DRIVING PROGRAM › Subchapter 3 - ATTENDANCE AND SCHEDULING AT AN INTOXICATED DRIVER RESOURCE CENTER › Section 10:162-3.1 - Scheduling

Current through Register Vol. 56, No. 14, July 15, 2024
All initial scheduling shall be done by the Intoxicated
				  Driving Program or an Intoxicated Driver Resource Center. If scheduling is done
				  by the Intoxicated Driving Program, the Intoxicated Driver Resource Center
				  shall advise the Intoxicated Driving Program of the number of clients they wish
				  to routinely schedule.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 162 - INTOXICATED DRIVING PROGRAM › Subchapter 3 - ATTENDANCE AND SCHEDULING AT AN INTOXICATED DRIVER RESOURCE CENTER › Section 10:162-3.2 - Scheduling clients convicted of refusal to take a chemical test

Current through Register Vol. 56, No. 14, July 15, 2024
Persons who are convicted of refusing a chemical test, but
				  who are not convicted of intoxicated driving, are required to participate in
				  the Intoxicated Driving Program/Intoxicated Driver Resource Center program of
				  education, evaluation, and referral to any education or treatment program. The
				  Intoxicated Driving Program shall refer the driver to an Intoxicated Driver
				  Resource Center in accordance with N.J.S.A. 39:4-50.4(a) et seq. or
				  12:7-57 et seq. for this
				  program.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 162 - INTOXICATED DRIVING PROGRAM › Subchapter 3 - ATTENDANCE AND SCHEDULING AT AN INTOXICATED DRIVER RESOURCE CENTER › Section 10:162-3.3 - Rescheduling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A rescheduling of a client for attendance
				at the Intoxicated Driver Resource Center may be granted for the following
				reasons only:
1. Health emergency, either
				personal or family;
2. Death in the
				family within 10 days prior to scheduled appointment;
3. Documented work emergency;
4. Family emergency; or
5. Any reason related to the COVID-19 Public
				Health Emergency including, but not limited to, the client's self-isolation,
				quarantine, or illness; need to care for a family member due to illness or
				school closure; need to report to work as an essential employee; or inability
				to pay any required fee to the Intoxicated Driver Resource Center due to loss
				of employment or wages.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 162 - INTOXICATED DRIVING PROGRAM › Subchapter 3 - ATTENDANCE AND SCHEDULING AT AN INTOXICATED DRIVER RESOURCE CENTER › Section 10:162-3.4 - Forty-eight hour detainment of second offenders who have been in jail or treatment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person convicted for a second offense
				pursuant to
				N.J.S.A.
				39:4-50et seq. or
				N.J.S.A.
				12:7-46 or 12:7-34.19et seq. shall be
				imprisoned at a jail or workhouse or an Intoxicated Driver Resource Center or
				inpatient program for at least 48 consecutive hours and satisfy the other
				program requirements. For the duration of the COVID-19 Public Health Emergency
				and until expiration of this temporary rule modification, the requirement that
				persons convicted for a second offense be imprisoned for a period of 48
				consecutive hours may be satisfied by the individual's completion of an online
				IDRC program designed for second offenders and approved by the Intoxicated
				Driving Program. The curriculum must be completed over the course of 48
				consecutive hours. In addition, the 48-hour IDRC must ensure that participating
				clients are detained for 48 consecutive hours in their residence, such as
				through written client attestation or other forms of monitoring (for example,
				telephone or electronic check-ins).
(b) A second offender sentenced by a court to
				imprisonment or inpatient treatment for at least 48 hours, or who is given
				detention credit for 48 hours of inpatient treatment by a court, shall be
				scheduled by the Intoxicated Driving Program for a first offender program in
				his or her county of residence. All other second offenders shall be scheduled
				for evaluation, education and referral at the 48-hour program as specified in
				(a) above.
(c) A second offender
				who voluntarily attends any licensed inpatient treatment facility, whether or
				not affiliated with an Intoxicated Driver Resource Center, before or after
				sentencing, but before scheduling at an Intoxicated Driver Resource Center,
				shall not be given credit for detention unless approval is given by the
				court.
(d) A person sentenced to a
				48-hour Intoxicated Driver Resource Center shall be scheduled there, or if such
				a facility is not available, referred to an appropriate facility for 48
				hours.