New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 162 - INTOXICATED DRIVING PROGRAM › Subchapter 1 - INTOXICATED DRIVING PROGRAM/INTOXICATED DRIVER RESOURCE CENTER › Section 10:162-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall
				  have the following meanings, unless the context clearly indicates
				  otherwise:
"Affiliated treatment agency" means a Department-licensed
				  substance use disorder treatment agency or a licensed healthcare practitioner
				  or professional affiliated with an Intoxicated Driver Resource Center to
				  provide substance use disorder treatment services for the education,
				  rehabilitation, and treatment of clients.
"Affiliation agreement" means a written agreement between an
				  Intoxicated Driver Resource Center and a Department-licensed substance use
				  disorder treatment agency or a licensed healthcare practitioner or professional
				  establishing the terms of the relationship and provision of treatment services
				  for individuals with driving under the influence convictions or driving under
				  the influence-related convictions.
"Alcohol abuser" means any person who chronically,
				  habitually, or periodically consumes alcoholic beverages to the extent that
				  such use substantially injures his or her health or substantially interferes
				  with his or her social or economic functioning in the community on a continuous
				  basis, or he or she has lost the power of self-control with respect to the use
				  of such beverages. The 1994 edition of the Diagnostic and Statistical Manual on
				  Mental Disorders (DSM-IV) published by the American Psychiatric Association,
				  1400 K Street, NW, Washington, DC 20005, as amended and supplemented,
				  incorporated herein by reference, shall be used as a guide in evaluating
				  persons under this definition.
"Alcohol or drug related offense" means a conviction by a
				  court of law or a finding by the Division of Motor Vehicles of operating under
				  the influence, pursuant to
				  39:4-50
				  et seq. or N.J.S.A. 12:7-34.19 et seq. or
				  12:7-46
				  et seq., or refusal to submit to a chemical test, pursuant to N.J.S.A.
				  39:4-50.4(a)et seq., or
				  12:7-57
				  et seq., or N.J.S.A. 39:4-50.14 et seq., N.J.S.A. 39:3-10.24, et seq. or
				  39:4-14.3g.
"Alcohol Safety Institute" (ASI) means the designation given
				  to clients who have been evaluated by the Intoxicated Driver Resource
				  Center/Intoxicated Driving Program and are not referred to treatment.
"Approved grantee" means an eligible applicant awarded a
				  provider service contract or subcontract pursuant to N.J.A.C. 10:162-10.
"ASAM Criteria" means the criteria developed by the American
				  Society of Addiction Medicine as contained in the ASAM Criteria, Treatment
				  Criteria for Addictive, Substance-Related, and Co-Occurring Conditions, Third
				  Edition, 2013, which is incorporated herein by reference, as amended and
				  supplemented, which can be obtained from the ASAM Publications Center, Tel:
				  1-800-844-8948,
www.asam.org
.
"ASAM PPC 2R" means the publication of the American Society
				  of Addiction Medicine, Inc., Chevy Chase, Maryland titled "ASAM Patient
				  Placement Criteria for the Treatment of Substance-Related Disorders, Second
				  Edition-Revised," available from ASAM Publications Distribution, PO Box 101,
				  Annapolis Junction, MD 20701-0101, Tel: 1-800-844-8948, Fax: 301-206-9789;
www.asam.org
, which is incorporated
				  herein by reference.
"Cancellation" means that a previous suspension has been
				  rescinded and removed from the driver's abstract by the Division of Motor
				  Vehicles.
"Client" means a person who has been convicted of an alcohol
				  or drug related offense or other person who is referred or is otherwise within
				  the jurisdiction of the Intoxicated Driving Program/Intoxicated Driver Resource
				  Center program.
"Coordinating grantee" means an entity authorized by the
				  Division to administer the distribution of funds to approved sub-grantees or to
				  itself to provide services and receive payment pursuant to
				  N.J.A.C.
				  10:162-6.13(c) and (d) and
				  10:162-10.
"Counselor" means a person certified or licensed by the New
				  Jersey Division of Consumer Affairs, State Board of Marriage and Family Therapy
				  Examiners, Alcohol and Drug Counselor Committee, as required by
				  45:2D-1 et
				  seq. and N.J.A.C. 13:34C, or a counselor-intern pursuing certification or
				  licensure pursuant to
				  13:34C-6.2.
"Covered treatment episode" means a course of alcohol or drug
				  treatment, including intake evaluation conducted pursuant to
				  N.J.A.C.
				  10:162-6.1, for which there is documentation
				  of clinical necessity and which takes place as a result of a court order from a
				  conviction for an alcohol or drug related offense as defined in 10:162-1.2, or
				  a referral from the Intoxicated Driving Program or an Intoxicated Driver
				  Resource Center pursuant to
				  10:162-2.3, or a course of alcohol
				  or drug treatment, including intake, for others defined as eligible
				  recipients.
"Department" means the New Jersey Department of
				  Health.
"Detoxification" means the provision of care, usually
				  short-term, prescribed by a physician and conducted under medical supervision,
				  for the purpose of withdrawing a person from a specific psychoactive substance
				  in a safe and effective manner according to established written medical
				  protocols and the ASAM Criteria. This term is synonymous with "withdrawal
				  management" as referenced in the ASAM Criteria.
"Didactic" means group education using lectures, group
				  interaction or audio visual aids.
"Director" means the Assistant Commissioner or successor
				  official who serves as head of the Division.
"Division" means the Division of Mental Health and Addiction
				  Services in the Department.
"Driving under the influence (DUI)" means any offense related
				  to drunk driving, impaired driving, intoxicated driving, driving under the
				  influence or driving while intoxicated, as defined in the applicable statute,
				  or such other offenses as may require referral to an Intoxicated Driver
				  Resource Center, and is interchangeable with the term "DWI" for the purpose of
				  this chapter.
"Drug abuser" means a person who is using a controlled
				  dangerous substance or other drug and who is in a state of physic or physical
				  dependence, or both, arising from the use of that controlled substance on a
				  continuous basis. Drug abuse is characterized by behavioral and other
				  responses, including, but not limited to, a strong compulsion to take the
				  substance on a recurring basis in order to experience its psychic effects, or
				  to avoid the discomfort of its absence. The 1994 edition Diagnostic and
				  Statistical Manual on Mental Disorders (DSM-IV) published by the American
				  Psychiatric Association shall be used as a guide in evaluating persons under
				  this definition.
"Eligible applicant" means an entity qualified to administer
				  the distribution of funds to approved sub-grantees for achieving the purpose of
				  this chapter and/or an entity providing inpatient, intensive outpatient, or
				  outpatient treatment licensed pursuant to
				  N.J.S.A.
				  26:2B-14,
				  26:2G-23,
				  and/or 26:2H-1 et seq., and N.J.A.C. 8:43A-26, 10:161A, and/or 10:161B, and
				  affiliated in good standing with the Intoxicated Driver Resource Center
				  pursuant to
				  N.J.S.A.
				  39:4-50(f)  and N.J.A.C.
				  10:162-5.
"Eligible recipient" means a person required to satisfy the
				  requirements of the Intoxicated Driving Program and the Intoxicated Driver
				  Resource Centers pursuant to
				  39:4-50
				  et seq. and
				  10:162-2.1, or authorized to be
				  referred to the Intoxicated Driving Program pursuant to
				  N.J.A.C.
				  10:162-2.3, and who meets the criteria of
				  eligibility established in
				  10:162-6.16(c) 
				  and priorities established in
				  10:162-10.4(a) through
				  (d), or other person in need of alcohol or
				  drug abuse treatment who meets the criteria of eligibility established in
				  10:162-6.16(c) 
				  and 10.4(e).
"First offender" means a person who is convicted once,
				  pursuant to
				  39:4-50
				  or N.J.S.A. 12:7-34.19 or
				  12:7-46
				  within the statutory time period, or is convicted of a refusal to take a
				  chemical test in conjunction with one of the above offenses.
"First offender program" means the program administered by
				  the county Intoxicated Driver Resource Centers for detention, evaluation, and
				  referral for first offenders which may also be used to evaluate other offenders
				  or referrals for evaluation. The program normally consists of six hours a day
				  for two consecutive days for a total of 12 hours.
"48-hour program" means the IDRC program for offenders
				  sentenced by a court to 48 consecutive hours of attendance.
"Fund" means monies deposited or accrued in the Alcohol
				  Treatment Programs Fund pursuant to
				  26:2B-9.2
				  et seq.
"Incapacitated" means the condition of a person who
				  is:
1. Unconscious, as a result of the use of alcohol or drugs,
				  or whose judgment is so impaired that the person is incapable of realizing and
				  making a rational decision with respect to his or her need for
				  treatment;
2. In need of substantial medical attention; or
3. Likely to suffer substantial physical harm (26:2B-7 ).
"Individual provider" means a person engaged in the practice
				  of alcohol and drug counseling licensed or certified by the Alcohol and Drug
				  Counselor Committee pursuant to
				  P.L.
				  1997, c. 331, approved
				  January 9, 1998.
"Inpatient treatment" means treatment for alcohol and/or drug
				  dependence within a short-term or long-term residential substance use disorder
				  treatment facility licensed by the Department.
"Intensive outpatient treatment" means the type of treatment
				  that approximates ASAM Criteria Level 2.1.
"Intoxicated" means a person whose mental or physical
				  functioning is substantially impaired as a result of the use of alcohol or
				  drugs.
"Intoxicated Driver Resource Center" or "IDRC" means the
				  personnel and facilities designated and established by the county, and approved
				  by the Intoxicated Driving Program, that detain and determine, on the basis of
				  an evaluation instrument and counselor evaluation and other information, the
				  extent, if any, of a client's substance use disorder-related problem and that
				  monitor and report on referrals to approved treatment programs.
"Intoxicated Driving Program" or "IDP" means the unit within
				  the Division of Mental Health and Addiction Services responsible for managing
				  and coordinating court-mandated requirements for individuals with driving under
				  the influence convictions or driving under the influence-related convictions
				  and monitoring services provided by IDRCs.
"Multiple offender" means a client with three or more
				  intoxicated driving related offenses.
"New law client" means those clients arrested for a violation
				  of
				  39:4-50
				  after October 4, 1984.
"Noncompliance" means when a client or other person who has
				  been convicted of an alcohol or drug related offense or who is otherwise under
				  the jurisdiction of the Intoxicated Driver Resource Center/Intoxicated Driving
				  Program, refuses, neglects, or inadvertently fails to comply with any ordered
				  referral or evaluation or appointment for education, evaluation, or treatment
				  or who fails to pay the appropriate fees.
"Old law client" means those clients arrested for a violation
				  of
				  39:4-50
				  et seq. before October 4, 1984.
"Out of State" means an out of State resident who is
				  convicted in New Jersey of an alcohol or drug related driving offense.
"Outpatient treatment" means the type of substance use
				  disorder treatment that approximates ASAM Criteria Level 1.
"Recidivist" means a client who has been convicted of an
				  alcohol or drug related driving offense and who has completed the Intoxicated
				  Driver Resource Center/Intoxicated Driving Program or its predecessor, and who
				  has been convicted again of an alcohol or drug related driving offense.
"Refusal offense" means a conviction under N.J.S.A.
				  39:4-50.4(a) or
				  12:7-57.
"Repeater" means a client with two alcohol or drug related
				  offenses.
"Restoration" means driving privileges have been restored
				  after suspension.
"Roster" means a list of clients scheduled to attend an
				  Intoxicated Driver Resource Center.
"Second offender" means a person convicted of two offenses of
				  39:4-50
				  or
				  12:7-46
				  or N.J.S.A. 12:7-34.19 within the statutory time period, or two offenses of
				  refusal to take a chemical test under N.J.S.A. 39:4-50.4(a) or
				  12:7-57.
"Self-help group" means a peer support group that is of no
				  cost to its members.
"Sub-grantee" means an entity licensed pursuant to
				  N.J.S.A.
				  26:2B-14, 26:2G-23, and/or 26:2H-1 et seq.,
				  and N.J.A.C. 8:43A-26, 10:161A, and/or 10:161B, or any successor rules
				  governing the operation of substance use disorder treatment facilities that
				  provides direct treatment services as defined in this chapter to eligible
				  recipients through a subcontract with a coordinating grantee.
"Substance use disorder" is evidenced by a cluster of
				  cognitive, behavioral, and physiological symptoms that indicate that the person
				  continues to use a substance (for example, alcohol, drugs) despite the presence
				  of significant substance-related impairments and problems. See American
				  Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders,
				  fifth edition, Arlington, VA, American Psychiatric Association, 2013. The
				  Diagnostic and Statistical Manual of Mental Disorders (DSM), fifth edition,
				  published by the American Psychiatric Association, which is incorporated herein
				  by reference, as amended and supplemented, shall be used as a guide in
				  evaluating persons under this definition.
"Third and subsequent offenders" means a person convicted of
				  three or more offenses under
				  39:4-50(a)(3)
				   or N.J.S.A. 12:7-54(a)(3)within the
				  statutory period.
"Treatment" means a structured intervention into, and care
				  for, a client's substance use disorder or related problems with the use of
				  alcohol or drugs.
"Z client" means a New Jersey licensed driver convicted of an
				  alcohol or drug-related offense in another state or country who has been
				  ordered to attend alcohol or drug education and/or substance use disorder
				  evaluation and/or treatment.