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 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.20 - Provisional license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) DCN&L may place a substance use
				disorder treatment facility on provisional license status as follows:
1. Upon issuance of a Notice for Revocation
				or Suspension of a License, for a period extending through final adjudication
				of the action;
2. Upon issuance of
				an order for curtailment of admission, until DCN&L finds the facility has
				achieved substantial compliance with all applicable licensing
				regulations;
3. For violations of
				licensing regulations that have been determined to pose a threat to the safety
				of clients of a substance use disorder treatment facility; and/or
4. Upon a recommendation to the Federal
				government and/or the New Jersey Division of Medical Assistance and Health
				Services, for the termination of a provider agreement for failure to meet the
				Federal certification regulations.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.21 - Suspension of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The DOH
				Commissioner, or designee, may order the suspension of a license of a substance
				use disorder treatment facility or a component or distinct part of the facility
				upon a finding that violations pertaining to the care of clients or to the
				hazardous or unsafe conditions of the physical structure pose an immediate
				threat to the health, safety, and welfare of the public or the clients of the
				facility.
(b) Upon a finding
				described at (a) above, the DOH Commissioner or the Commissioner's authorized
				representative shall serve notice in person or by certified mail to the
				facility or its registered agent of the nature of the findings and violations
				and the proposed order of suspension. Such notice shall be served within five
				days of the finding. The notice shall provide the facility with a 30-day period
				from receipt to correct the violations and provide proof to DCN&L of such
				correction, or to request a hearing.
(c) If DCN&L determines the violations
				have not been corrected, and the facility has not filed notice within 30 days
				of receipt of the DOH Commissioner's notice pursuant to (e) below requesting a
				hearing to contest the notice of suspension, then the license shall be deemed
				suspended. Upon the effective date of the suspension, the facility shall cease
				and desist the provision of substance use disorder treatment services and
				effect an orderly transfer of clients to licensed facilities or other approved
				services and shall document all transfers.
(d) Within five working days after suspension
				becomes effective, DCN&L shall approve and coordinate the process to be
				followed during an evacuation of the facility or cessation of services pursuant
				to an order for suspension or revocation.
(e) If the facility requests a hearing within
				30 days of receipt of the Notice of Proposed Suspension of License, DOH shall
				arrange for an immediate hearing to be conducted by the Office of
				Administrative Law (OAL), and a final agency decision shall be issued by the
				DOH Commissioner, or designee, as soon as possible, adopting, modifying, or
				rejecting the initial decision by the OAL. If the DOH Commissioner affirms the
				proposed suspension of the license, the order shall become final.
(f) Notwithstanding the issuance of an order
				for proposed suspension of a license, DOH may concurrently or subsequently
				impose other enforcement actions pursuant to these rules.
(g) DOH may rescind the order for suspension
				upon a finding that the facility has corrected the conditions which were the
				basis for the action.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.22 - Revocation of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Notice of the
				Proposed Revocation of a substance use disorder treatment facility license may
				be issued in the following circumstances:
1.
				The facility has failed to comply with licensing requirements, posing an
				immediate and serious risk of harm or actual harm to the health, safety, and
				welfare of clients, and the facility has not corrected such violations in
				accordance with an approved plan of correction or subsequent to imposition of
				other enforcement remedies issued pursuant to this chapter;
2. The facility has exhibited a pattern and
				practice of violating licensing requirements, posing a serious risk of harm to
				the health, safety, and welfare of clients. A pattern and practice may be
				demonstrated by more than one finding of violations of the same or similar
				regulation by any DOH and/or DCN&L representative or employee and/or
				contracted agent;
3. The facility
				has failed to correct identified violations which had led to the issuance of an
				injunction; or
4. When a facility
				has operated under a provisional license that has not met the stipulated
				conditions within 12 months or more.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.23 - Injunction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The DOH Commissioner, or designee, may
				determine to seek an injunction of the operation of a substance use disorder
				treatment facility or a component or distinct part of the facility upon a
				finding that violations pertaining to the care of clients or to the hazardous
				or unsafe conditions of the physical structure pose an immediate threat to the
				health, safety, and welfare of the public or the clients of the
				facility.
(b) Upon a finding
				described at (a) above, the DOH Commissioner or the Commissioner's authorized
				representative shall refer the matter to the Office of the Attorney General to
				file for an injunction and/or temporary restraints consistent with the New
				Jersey Court Rules.
(c) Within five
				working days, DOH shall approve and coordinate the process to transfer/relocate
				all of the facility's current clients. Upon the Court issuing an injunction or
				temporary restraint, the facility shall cease and desist the provision of
				substance use disorder treatment services and effect an orderly transfer of
				clients to substance use disorder treatment facilities or other services
				approved by DOH and the facility shall document all transfers.
(d) Notwithstanding the issuance of an
				injunction and/or temporary restraint, DOH may concurrently or subsequently
				impose other enforcement actions pursuant to this chapter.
(e) DOH shall seek to lift the injunction
				and/or temporary restraint upon its determination that the facility has
				corrected the conditions, which were the basis for the action.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.24 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notice of a proposed enforcement action
				shall be afforded to a facility pursuant to
				10:161B-2.15.
(b) A facility shall have 30 days following
				receipt of a notice to request a hearing to appeal the action(s) specified in
				the notice.
(c) DOH shall transmit
				the hearing request to the New Jersey Office of Administrative Law (OAL) within
				seven working days of receipt.
(d)
				Hearings shall be conducted pursuant to the Administrative Procedure Act,
				52:14B-1 et seq., and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1.1.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT › Section 10:161B-2.25 - Settlement of enforcement actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				may request that the matter be scheduled for settlement conference prior to
				transmittal to OAL for an administrative hearing.
(b) DOH shall schedule a settlement
				conference within 30 days but DOH and the party may extend that time if they
				both agree.
(c) DOH has the
				discretion to settle the matter as it sees fit. Settlement terms may include
				DOH's agreement to accept payment of penalties over a schedule not exceeding 18
				months where a facility demonstrates financial hardship.
(d) All funds received in payment of
				penalties shall be deposited in the general state fund.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 3 - GENERAL REQUIREMENTS › Section 10:161B-3.1 - Provision of services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An outpatient
				substance use disorder treatment facility shall provide or arrange for the
				following services:
1. Medical and nursing
				services (including assessment, diagnostic, treatment);
2. Counseling; and
3. Vocational, educational and other support
				services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 3 - GENERAL REQUIREMENTS › Section 10:161B-3.2 - Compliance with laws and rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The program
				shall comply with all applicable Federal, State, and local laws, rules, and
				regulations and with the standards of accrediting organizations as
				applicable.
(b) If a licensed
				program provides outpatient substance use disorder treatment services in
				addition to other health care services, the licensee shall comply with the
				rules in this chapter and all other applicable rules.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 3 - GENERAL REQUIREMENTS › Section 10:161B-3.3 - Ownership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) DCN&L shall hold the licensee for a
				facility responsible for ensuring that the facility is and remains in
				compliance with all applicable statutes and rules related to the construction
				and maintenance of the physical plant, regardless of whether the licensee owns
				the physical plant.
(b) Programs in
				which ownership of the physical plant, and/or the property on which it is
				located is by an entity other than the licensee for the facility, shall provide
				notice of the current ownership of the property(ies), upon request.
1. Notice of ownership will be maintained at
				the facility, or at a separate designated location.
2. The program shall provide DCN&L
				written notice of any change in ownership of the physical plant or land on
				which it is located at least 30 days prior to such change, at the address set
				forth at N.J.A.C.
				10:161B-2.1(b).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 3 - GENERAL REQUIREMENTS › Section 10:161B-3.4 - Submission of documents and data

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon request,
				the program shall submit to DMHAS any documents required to be maintained by
				the program in accordance with this chapter. Information identifying clients
				shall be kept confidential at all times by DMHAS.
(b) The facility shall report monthly to
				DMHAS all client admissions to and discharges from the facility, and such
				additional client and service data as DMHAS may require, on the NJSAMS or other
				DMHAS-designated reporting system.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 3 - GENERAL REQUIREMENTS › Section 10:161B-3.6 - Policy and procedure manual

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				administrator shall develop, implement and ensure the review, at least
				annually, of a policy and procedure manual(s) about the organization and
				operation of the facility.
1. The
				administrator shall ensure that the governing authority shall participate in
				the review the policy and procedure manual at least annually.
2. This policy and procedure manual shall be
				signed and dated by the administrator and governing authority presiding
				officer, attesting that the policy and procedure manual was reviewed.
3. This policy and procedure manual shall be
				maintained on-site at the facility and available for review at all times by
				clients, staff, DHS and the public.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 3 - GENERAL REQUIREMENTS › Section 10:161B-3.7 - Employee health

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The policy and procedure manual shall
				include policies and procedures to ensure that physical examinations of staff
				are performed upon initial employment and at subsequent intervals. Policies and
				procedures shall specify the circumstances under which other persons providing
				direct client care services shall receive a physical examination. Policies and
				procedures shall specify the content and the frequency of the
				examination.
(b) The program shall
				require all staff employed as of June 1, 2009, and all staff hired thereafter,
				to submit to screening tests for rubella and measles, subject to the following:
1. If an employee can document seropositivity
				from a previous rubella screening or inoculation with rubella vaccine, the
				employee shall not be required to submit to any additional rubella
				screening.
2. If an employee cannot
				provide documentation required by (b)1 above, the employee shall be given a
				rubella hemagglutination inhibition test or other rubella-screening test
				approved by DOH as equivalent or better, on a case by case basis.
3. Only employees born in 1957 or later shall
				be required to submit to a measles screening test.
i. If the employee can document receipt of a
				live measles vaccine on or after his or her first birthday, physician diagnosed
				measles, or serologic evidence of immunity to measles, the employee shall not
				be required to submit to a measles screening test.
ii. If the employee cannot provide the
				documentation required in (b)3i above, the employee shall submit to a measles
				hemagglutination inhibition test, or other measles screening test.
4. All employees hired after June
				1, 2009 required to submit to screening tests shall do so upon
				employment.
5. All employees
				employed as of June 1, 2009 required to submit to screening tests shall do so
				by June 1, 2009.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 3 - GENERAL REQUIREMENTS › Section 10:161B-3.8 - Reportable events

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall develop policies and
				procedures governing the reporting and management of reportable events. Such
				polices shall include, but need not be limited to, the procedures in this
				section.
(b) The facility shall
				immediately e-mail dmhas.incidentrept@dhs.state.nj.us, and immediately fax a
				report to DMHAS at 609-341-2324, regarding any event occurring which
				jeopardizes the health, safety, or welfare of clients or staff as noted in this
				subchapter, including, but not limited to, the following:
1. All fires, floods, disasters, accidents,
				or other unanticipated events which result in serious injury or death of
				clients or staff, or evacuation of clients from the facility, or closure of the
				facility for six or more hours;
2.
				All deaths of clients under the supervision of the facility or deaths known or
				suspected of resulting from misuse of medications prescribed or dispensed by
				the program;
3. All outbreaks of
				communicable disease or other conditions adversely affecting multiple clients
				and/or staff. Note: This does not relieve the program from reporting certain
				communicable diseases to local or State health authorities pursuant to N.J.A.C.
				8:57;
4. All alleged or suspected
				crimes that endanger the life or safety of clients or staff or which jeopardize
				facility operations or fiscal stability;
i.
				Any client or staff member against whom an alleged or suspected crime has been
				committed shall be advised of his or her right to report the incident to local
				police;
ii. Notification or the
				refusal to notify police authorities shall be documented in writing in the
				client or staff record, and the administrator shall be notified; and
iii. The governing body shall be notified of
				events endangering the life and/or safety of clients and staff, or suspected
				crimes that jeopardize the facility's operations or fiscal stability;
5. All disciplinary actions of
				staff, including termination, resulting from inappropriate staff interaction
				with clients; and
6. All criminal
				convictions or disciplinary sanctions imposed on staff, board members or
				representatives of the governing authority by licensing or credentialing boards
				since the prior application for licensure.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 3 - GENERAL REQUIREMENTS › Section 10:161B-3.9 - Notices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall conspicuously post a
				notice that the following information is available in the facility during its
				normal business hours for clients and the public:
1. All waivers granted by DCN&L
				;
2. The list of deficiencies from
				the last annual licensure inspection, and the list of deficiencies from any
				valid complaint investigation during the past 12 months and the program's plan
				of correction;
3. A statement of
				client rights;
4. The names of
				members of the governing authority of the facility and the facility address to
				which correspondence may be sent; and
5. The hours of operation and the normal
				business hours of the facility.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 3 - GENERAL REQUIREMENTS › Section 10:161B-3.10 - Reporting to professional licensing boards

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall comply with all requirements of
				  professional licensing and credentialing boards for reporting termination,
				  suspension, revocation, or reduction of privileges of any employee licensed or
				  credentialed in the State of New Jersey.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 3 - GENERAL REQUIREMENTS › Section 10:161B-3.11 - Transportation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall maintain, or otherwise ensure, that all vehicles used for transportation
				of clients are in conformity with all motor vehicle and insurance laws and/or
				rules.
1. The facility shall maintain copies
				of registration and insurance information on file for all vehicles used to
				transport clients, including staff's personal vehicles, when
				applicable.
2. The facility shall
				keep the name of each driver and a photocopy of his or her current driver's
				license on file, as well as a driver abstract for all staff members.
3. The facility shall have a policy
				addressing tobacco use by employees and clients in all vehicles used to
				transport clients.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 3 - GENERAL REQUIREMENTS › Section 10:161B-3.12 - Tobacco products

Current through Register Vol. 56, No. 14, July 15, 2024
The smoking of tobacco products and the use of spit or any
				  form of tobacco is prohibited within all outpatient substance use disorder
				  treatment facilities.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 5 - ADMINISTRATION › Section 10:161B-5.1 - Appointment of administrator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The governing
				authority shall appoint an administrator who shall be accountable to the
				governing authority.
(b) The
				administrator shall be available in the facility at all times during normal
				business hours or available by telephone to a designated person in the
				facility.
(c) Except on a
				short-term emergency basis not exceeding two weeks, in the event that an
				alternate or designee is used in the administrator's absence, this individual
				shall possess the appropriate credentials and qualifications to perform the
				administrator's role. There shall be written documentation identifying the
				individual who will act in the absence of the administrator, and this
				information shall be provided to the facility's staff and approved by the
				governing authority.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 6 - CLIENT CARE POLICIES AND SERVICES › Section 10:161B-6.1 - Client care policies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				outpatient substance use disorder treatment facility shall develop, establish
				and ensure the implementation and maintenance of client care policies and
				procedures consistent with the requirements of this chapter. At a minimum, the
				administrator, director of substance abuse counseling, director of nursing
				services, and medical director or physician shall provide direct input and
				review of all client care policies.
1. A
				facility may also choose to establish a client care policy committee which
				shall, at a minimum, be composed of the administrator, director of substance
				abuse counseling, director of nursing services, the medical director or the
				facility's physician, and a client.
i. The
				facility shall provide written documentation to the governing authority of the
				mechanisms by which client care policies will be developed, managed and
				maintained by the facility.
ii. All
				client care policies related to medical services shall be reviewed and approved
				by the medical director, and shared with the facility's physician, pharmacist
				and director of nursing services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 6 - CLIENT CARE POLICIES AND SERVICES › Section 10:161B-6.2 - Client care policies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Client care
				policies shall facilitate continuity of care and client safety, and shall
				include, but need not be limited to, the following:
1. Admissions and exclusionary criteria that
				include identification of the conditions or diagnoses eligible and ineligible
				for admission;
2. Orientation of
				new clients;
3. Services offered
				including, but not limited to, screening, assessment, diagnosis, counseling,
				education, and case management;
4.
				Client rights, that include the acknowledgement that the client is made aware
				of, and has approved, receiving counseling services from a substance abuse
				counselor intern;
5. Staffing
				patterns;
6. Referral of clients to
				health care providers outside of the facility, including referrals to other
				treatment programs along the continuum of care;
7. Emergency care of clients;
8. Care of clients during an episode of
				communicable disease;
9. Care of
				clients with tuberculosis, which is not transmissible, or no longer
				communicable;
10. Informed consent
				requirements and methodology, including provisions for obtaining informed
				consent from parents or guardians of juveniles;
11. Initiation, implementation, review, and
				revision of a written treatment plan of care to include DSM-5 diagnosis, ASAM
				level of care assessment, measurable goals, objectives and treatment outcomes;
12. Health education of clients
				through various mediums, including written, and presented multi-lingually on
				the basis of client composition of the program;
13. Criteria for discharge, transfer and
				re-admission of clients from the program;
14. Screening clients for substance use
				through random urinalysis or other approved methods of drug screening on
				grounds that are reasonable and not unfairly discriminatory;
15. Conducting of research
				activities;
16. Reporting of
				critical incidents, complaints and threats;
17. Conflict resolution process;
				and
18. Community
				relations.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 6 - CLIENT CARE POLICIES AND SERVICES › Section 10:161B-6.3 - Standards for preadmission, admission, and retention of clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior
				to or at the time of admission to the program, the facility shall conduct a
				preadmissions interview with all clients and, in the case of juveniles, his or
				her family, guardian or legally authorized representative. A summary of the
				interview shall be documented in the client clinical record after:
1. The orientation of the client to the
				facility's policies, business hours, fee schedules, services provided, client
				rights, criteria for admission, treatment and discharge; and
2. The obtaining of informed consent from the
				parents or legally authorized representative of a juvenile prior to the
				juvenile entering treatment, except as provided for by
				9:17A-4, where a minor voluntarily
				seeking treatment for substance abuse shall be considered confidential
				information.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 6 - CLIENT CARE POLICIES AND SERVICES › Section 10:161B-6.4 - Involuntary discharge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A facility
				shall have written policies and procedures governing the involuntary discharge
				of clients. All clients shall be provided with a verbal and written notice of
				the facility's intent to discharge. If the client is a juvenile, the juvenile's
				parent(s), guardian or legally authorized representative shall be provided with
				the time the juvenile will be released to their care, except where the juvenile
				has voluntarily sought treatment in accordance with
				9:17A-4.
1. The written notice shall include the
				specific reason(s) for the discharge, and shall set forth the client's rights
				and procedures to appeal the discharge decision.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 6 - CLIENT CARE POLICIES AND SERVICES › Section 10:161B-6.5 - Use of restraints

Current through Register Vol. 56, No. 14, July 15, 2024
No facility shall use any physical, chemical, or other types
				  of restraint.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 6 - CLIENT CARE POLICIES AND SERVICES › Section 10:161B-6.6 - Calibration of instruments

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall ensure that all instruments are
				  calibrated in accordance with manufacturer's instructions, and shall maintain a
				  record of maintenance for all instruments.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 6 - CLIENT CARE POLICIES AND SERVICES › Section 10:161B-6.7 - Interpretation services

Current through Register Vol. 56, No. 14, July 15, 2024
The facility shall provide interpretation services for
				  clients who do not speak English, are deaf or hard of hearing, and when other
				  communication assistance is needed for clients who are blind or otherwise
				  physically impaired; or where and when clinically necessary, the facility shall
				  assist and document the referral of clients requiring such assistance to a
				  program reasonably capable of accommodating their needs. The facility shall
				  develop procedures to ensure that interpretation services are provided in a
				  timely manner for urgent and emergency situations.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 7 - MEDICAL SERVICES › Section 10:161B-7.1 - Provision of medical services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Medical
				services shall be provided in outpatient substance use disorder treatment
				programs as follows:
1. Intensive outpatient
				and outpatient: Medical services are not required to be provided either in the
				facility or through written agreement;
2. Partial care: Medical services are not
				required to be provided either in the facility or through written agreement.
				The program shall have written protocols to ensure ready access to psychiatric
				and medical services;
3. Outpatient
				detoxification: Medical services shall be provided in the facility and the
				facility shall employ a medical director. A physician shall document an initial
				evaluation of each client and shall prescribe the appropriate course of medical
				intervention. All medical assessments, evaluations and treatment shall be
				documented in the client record; and
4. Opioid treatment: The governing authority
				shall designate a medical director and medical services shall be provided
				on-site. A physician shall document the provision of an initial evaluation of
				each client and shall prescribe the appropriate medication dosage. All medical
				assessments, evaluation and treatment shall be documented in the client
				record.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 7 - MEDICAL SERVICES › Section 10:161B-7.2 - Designation of medical director

Current through Register Vol. 56, No. 14, July 15, 2024
The governing authority shall designate a physician to serve
				  as medical director for outpatient detoxification and opioid treatment
				  programs, and who meets the qualifications to serve as medical director as
				  noted in this chapter. The medical director shall designate, in writing, a
				  physician to act in the absence of the medical director; information concerning
				  this designation shall be shared with the governing authority. The medical
				  director, or his or her designee, shall be available to the program at all
				  times.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 7 - MEDICAL SERVICES › Section 10:161B-7.3 - Medical policies and medical staff bylaws

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The medical
				director, in conjunction with the medical staff, shall develop, implement and
				review annually, medical policies, including medical staff bylaws that shall be
				subject to the review and approval of the governing authority and the
				administrator, and are consistent with New Jersey laws and rules.
(b) The written medical policies and bylaws
				shall include, but need not be limited to, the following:
1. A plan for convening medical staff
				meetings that are documented by minutes;
2. A procedure for reviewing credentials and
				delineating qualifications of medical staff, appointments and reappointments,
				evaluation of medical care, and the granting, denial, curtailment, suspension,
				or revocation of medical staff privileges;
3. Specifications for verbal orders,
				including who may give verbal orders and who may receive them;
4. A system for completion of entries in the
				client clinical records by members of the medical staff, including
				identification of a time limit for completion of the clinical record, which
				must not exceed 30 days following a client's last treatment or
				discharge;
5. For those programs
				serving pregnant women, and women and children, a plan for ensuring that the
				medical needs of the fetus, children and mothers are adequately assessed and
				met during treatment;
6.
				Identification of the program's quality assurance plan for medical services and
				how that plan will coordinate with the nursing quality assurance plan;
				and
7. Medical staffing
				patterns.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 7 - MEDICAL SERVICES › Section 10:161B-7.4 - Physician responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Physicians who
				provide medical care to clients in an outpatient substance use disorder
				treatment program shall be responsible for:
1. Ensuring the provision or documentation of
				a complete medical examination as required by
				10:161B-9.1;
2. Ordering, interpreting and documenting
				medical screening tests, as appropriate;
3. Documenting all orders for medical
				services to be provided to the client, including frequency and type of
				treatment, therapies to be administered or coordinated, medications prescribed,
				and date of discharge for medical services;
4. Ensuring that all medical interventions
				are documented in the client's clinical record and also shared with the nursing
				staff; and
5. Ensuring that medical
				follow-up of all acute or chronic illnesses and conditions are entered in the
				client's treatment plan, and that referrals for medical services are completed
				during the client's treatment, or as part of the client's discharge/continuum
				of care plan, as appropriate.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 8 - NURSING SERVICES › Section 10:161B-8.1 - Provision of nursing services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Nursing
				services shall be provided in licensed outpatient substance *[abuse]* *use
				disorder* treatment programs as follows:
1.
				Outpatient, intensive outpatient, and partial care programs are not required to
				provide nursing services in treatment facilities offering these services.
				Outpatient, intensive outpatient and partial care programs shall comply with
				(b) below.
2. Opioid treatment and
				opioid detoxification programs shall appoint a director of nursing services and
				shall provide nursing services on site. The director of nursing services or
				designee shall be on premises during normal business hours and whenever
				medications are being administered.
i. The
				designee for the director of nursing services shall be a registered
				professional nurse (RN).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 8 - NURSING SERVICES › Section 10:161B-8.2 - Designation of director of nursing services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Programs
				providing outpatient detoxification and/or opioid treatment shall designate, in
				writing, a registered professional nurse as the director of nursing services. A
				registered professional nurse shall be designated, in writing, to act in the
				absence of the director of nursing services.
(b) Every program that is required to provide
				nursing services shall designate a director of nursing services who shall be on
				the premises during normal business hours and whenever medications are being
				administered during the program's hours of operation.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 8 - NURSING SERVICES › Section 10:161B-8.3 - Responsibilities of licensed nursing personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Nursing care
				needs of clients shall be assessed only by a registered professional
				nurse.
(b) All nursing services
				provided shall be documented in the client's clinical record, including, but
				not limited to:
1. The nursing portion of the
				client care plan, in accordance with policies and procedures;
2. Clinical notes;
3. Recording of medications administered,
				including:
i. The name and strength of the
				medication;
ii. The date and time
				of administration;
iii. The dosage
				administered;
iv. Method of
				administration;
v. Adverse
				reactions and interventions if referred; and
vi. Signature of the nurse who administered
				the medication or identification of the nurse by an entry code if a
				computerized clinical record system is used.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 9 - CLIENT ASSESSMENT AND TREATMENT PLANNING › Section 10:161B-9.1 - Provision of nursing services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An outpatient
				substance *[abuse]* *use disorder* treatment facility shall complete, within
				three visits of admission, a drug screen, and a comprehensive biopsychosocial
				assessment of all clients using an assessment instrument which assesses medical
				status, vocational/employment and support, alcohol, tobacco and other drug use,
				legal status, family/social status, psychiatric status, as well as behavioral
				risk factors for HIV and hepatitis. The client shall be placed in a treatment
				facility, the modality and underlying philosophy of which is consistent with
				the client's preferences and values and which is also consistent with the
				client's needs based on criteria defined in the ASAM *[Patient Placement]*
				Criteria *[2-R]* (see
				10:161B-1.3.).
1. All client assessments shall result in a
				DSM diagnosis for alcohol, tobacco and other substance use, shall include
				screening for other identified co-occurring disorders, and shall document level
				of care determination using ASAM *[Patient Placement]* Criteria
				*[2-R]*.
2. If the biopsychosocial
				assessment indicates that the client should be referred to another treatment
				program or level of care, the program shall coordinate the client's referral to
				another program. If transfer to another program or level of care is indicated,
				interim services at the client's current level of care shall be provided until
				the transfer is effected.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 9 - CLIENT ASSESSMENT AND TREATMENT PLANNING › Section 10:161B-9.2 - Client treatment planning

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A client
				treatment plan shall be developed for every client based on the assessment of
				the client in accordance with
				10:161B-9.1.
1. The program shall initiate the development
				of the client's treatment plan upon the client's admission, and shall enter the
				client's treatment plan in the client record at least after three visits
				following admission, not to exceed 30 days.
2. The facility shall address each problem,
				including problems requiring placement at the assessed level of care, and needs
				and strengths identified in the client assessment, within the client treatment
				plan through direct provision or referral to appropriate services, and shall
				include at least the following:
i. Orders for
				medication, medical treatment and other services, including the type and
				frequency of contact, if applicable;
ii. Client substance abuse or dependence and
				a plan to reduce symptoms, severity and improve treatment outcomes;
iii. Integrated treatment of co-occurring
				mental health disorders, either on-site or through the coordination of
				treatment services with an appropriate mental health facility;
iv. The provision of vocational and
				educational services if needed, either onsite or by referral to community
				resources;
v. Client participation
				in self-help group meetings during treatment and after discharge from
				treatment;
vi. Family and social
				support services;
vii. The staff
				responsible for implementation of the treatment plan;
viii. Evidence of client participation in
				development and implementation of the treatment plan, including, but not
				limited to, dated signatures of the client as well as signatures of
				participating multidisciplinary team members;
ix. Long and short term goals with timeframes
				for achievement;
x. The assessment
				measures for determining the effectiveness of, and client satisfaction with,
				treatment or services, including assessments of client adherence to and
				engagement with treatment and recovery support services;
xi. The time intervals for review of the
				client's response to treatment or services; and
xii. Discharge/transfer plans.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 10 - SUBSTANCE ABUSE COUNSELING AND SUPPORTIVE SERVICES › Section 10:161B-10.1 - Provision of substance abuse counseling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				outpatient substance use disorder treatment facility shall provide substance
				abuse counseling on-site, and shall assign every client to a primary substance
				abuse counselor at admission.
(b)
				Programs shall maintain an average ratio of substance abuse counselors to
				clients on the basis of each program's daily census, as follows:
1.
Outpatient:
1:35;
2.
Intensive outpatient:
1:24;
3.
Partial care:
1:12;
4.
Outpatient
detoxification:
1:24;
5.
Opioid treatment
Phase(s) I through III:
1:50, with no
single counselor's
caseload exceeding
1:35; and
6.
Opioid treatment
Phase(s) IV through VI:
1:50.
(c)
				The program shall provide each client education with respect to the disease of
				addiction; the client's diagnosis; alcohol, tobacco and other drug use; risk of
				exposure to AIDS and hepatitis; other health consequences of substance abuse;
				family issues related to substance abuse; and relapse prevention.
				Psycho-education shall also address the needs of clients with co-occurring
				disorders and issues such as, but not limited to, domestic violence, parenting
				and sexual abuse.
(d) Programs
				providing partial care services shall provide weekly family counseling
				sessions, and intensive outpatient and outpatient programs shall provide
				monthly family counseling sessions, unless clinically contraindicated or the
				client and/or their family members refuse to participate. Opioid treatment
				programs shall provide family counseling sessions based upon the clinical
				determination of the multidisciplinary team.
(e) The program shall provide clients, and
				their family members, with information regarding the desirability of
				participating in self-help support groups and recovery support services, and
				shall provide literature about these resources to clients, and their families,
				including meeting schedules and locations.
(f) Group counseling sessions shall not
				exceed an average of 12 clients and shall not exceed 14 clients in any one
				session. This provision shall not apply to psycho-educational or family
				counseling sessions.
(g) Programs
				providing partial care services and intensive outpatient services shall provide
				clients with at least weekly individual counseling sessions; outpatient
				programs shall provide at least monthly individual counseling sessions, based
				upon determination of the multidisciplinary team. Opioid treatment programs
				shall provide individual sessions based upon, at a minimum, client phase of
				treatment per
				10:161B-11.8. In addition to the
				minimum requirements listed in this subsection, providers should be prepared to
				increase frequency of individual sessions based upon clinical need.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 10 - SUBSTANCE ABUSE COUNSELING AND SUPPORTIVE SERVICES › Section 10:161B-10.2 - Director of substance abuse counseling services

Current through Register Vol. 56, No. 14, July 15, 2024
Every program shall employ a director of substance abuse
				  counseling services with the qualification and responsibilities specified in
				  10:161B-1.8.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES › Subchapter 10 - SUBSTANCE ABUSE COUNSELING AND SUPPORTIVE SERVICES › Section 10:161B-10.3 - Supportive services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every program
				shall provide or coordinate the following services for each client as
				appropriate to the client's treatment plan:
1. Vocational and educational counseling and
				training;
2. Job placement for
				clients whose plans of care indicate a need for such services; and
3. Referral to legal services rendered by an
				attorney, licensed or otherwise authorized to practice law in New Jersey, when
				such services are related to the client's treatment.