New Jersey Administrative Code

(a) The facility shall establish written policies and procedures that are reviewed annually and revised as needed, for the provision of emergency services based on the types of clients typically treated at the program, including policies and procedures regarding emergency kits an…

(a) The outpatient substance use disorder treatment program shall establish, implement and conspicuously post written policies and procedures regarding the rights of clients, including appeals procedures for involuntary discharge, which shall be available to clients, staff, and t…

(a) Each client receiving services shall have: 1. The right to be informed of these rights, as evidenced by the client's written acknowledgment or by documentation by staff in the clinical record that the client was offered a written copy of these rights and given a written or ve…

(a) The administrator shall provide all clients and their families, upon request, the name, address, and telephone number of the following State office where clients and their families may submit complaints: New Jersey State Department of Human Services Division of Mental Health …

(a) The outpatient substance use disorder treatment program shall initiate discharge/continuum of care planning for each client upon admission. 1. Goals for discharge shall be incorporated in the client's treatment plan at admission and shall address problems identified at admiss…

(a) The program shall establish and implement written policies and procedures for discharge/continuum of care planning services, which shall address at least the following: 1. The staff responsible for planning, providing, and/or coordinating discharge/continuum of care planning …

(a) The program shall include education of the client and his or her family, if applicable, or legally authorized representative as part of its discharge/continuum of care planning service and shall provide information regarding the following: 1. Community agencies and resources …

(a) The outpatient substance use disorder treatment program shall establish and implement policies and procedures for production, maintenance, retention, and destruction of clinical records, which shall be reviewed at least annually by the administrator. The policy and procedure …

(a) The administrator and director of substance abuse counseling services shall ensure that clinical records are maintained. (b) The facility shall designate a staff member to act as the coordinator of clinical record services and one or more staff to act in his or her absence to…

(a) The facility shall require the following, at a minimum, to be included in the clinical record: 1. Client identification data, including name, date of admission, address, date of birth, race, religion (optional), gender, and the name, address, and telephone number of the perso…

(a) The facility shall require that all orders for client care be prescribed in writing, signed and dated by the prescriber(s), in accordance with State law. 1. All medical orders, including verbal orders, shall be verified or countersigned in writing within 72 hours and in accor…

(a) The facility shall furnish a legible, written copy of the clinical record, or portion of the clinical record, as appropriate, for a fee based on actual costs to a client, his or her legally authorized representative, or a third party payer, upon written request and receipt of…

(a) The facility shall preserve all clinical records in accordance with N.J.S.A. 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 s…

(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 res…

(a) All facilities operating as outpatient substance use disorder treatment facilities shall be licensed by DCN&L in accordance with this chapter. No facility shall operate an outpatient substance use disorder treatment facility until DCN&L issues a license to do so. (b) Any pers…

(a) A facility may request an opportunity to discuss the accuracy of survey findings with representatives of DOH in the following circumstances during a survey: 1. During the course of a survey to the extent such discussion does not interfere with the surveyor's ability to obtain…

(a) DCN&L may require that the facility submit a written plan of correction specifying how each deficiency that has been cited will be corrected along with the time frames for completion of each corrective action. A single plan of correction may address all events associated with…

(a) When a program elects to voluntarily surrender a license, it shall provide written notice of its intention to do so, and the specific date on which it shall surrender its license, to effect an orderly transfer of clients, as follows: 1. The program shall provide DCN&L with at…

(a) An applicant for licensure or a current licensee may seek a waiver of one or more provisions of this chapter, provided that the applicant or licensee demonstrates that compliance represents an unreasonable hardship for the applicant or licensee, and such a waiver is determine…

(a) The DOH Commissioner, or designee, may impose the following enforcement remedies against a substance use disorder treatment facility for violations of licensure regulations or other statutory requirements: 1. A civil monetary penalty for unlicensed operations; 2. Curtailment …

The DOH Commissioner, or designee, shall serve notice to a facility of the proposed assessment of civil monetary penalties, suspension or revocation of a license, or placement on a provisional license, setting forth the specific violations, charges, or reasons for the action. Suc…

The assessment of civil monetary penalties, suspension or revocation of a license, or the placement of a license on provisional status shall become effective 30 business days after the date of mailing or the date personally served on a licensee, unless the licensee shall file wit…

(a) The DOH Commissioner, or designee, may assess a civil monetary penalty for violation of licensure regulations according to the following standards: 1. For operation of a substance use disorder treatment facility without a license, or continued operation of a facility after su…

(a) Within 30 days after the mailing date of a Notice of Proposed Assessment of a Penalty, a facility that intends to challenge the enforcement action shall notify DCN&L of its intent to request a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. (b)…

(a) DCN&L may issue an order curtailing all new admissions and readmissions to a substance use disorder treatment facility including, but not limited to, the following circumstances: 1. Where violations of licensing regulations are found that have been determined to pose an immed…

(a) Once issued, a license shall not be assignable or transferable, and shall be immediately void if the program ceases to operate, relocates, or its ownership changes. (b) Once issued, a license shall be granted for a period of one year (12 consecutive months), and shall be elig…

(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 curt…

(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…

(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…

(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 unsaf…

(a) Notice of a proposed enforcement action shall be afforded to a facility pursuant to N.J.A.C. 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 …

(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 …

(a) Any person, organization, or corporation applying for a license to operate an outpatient substance use disorder treatment facility shall specify the services in N.J.A.C. 10:161B-2.1(j) the facility seeks to provide on the application. (b) No facility or program shall admit cl…

(a) Applications for licensure of newly constructed or expanded facilities shall include the following: 1. A copy of the written approval of the plans and final construction approval by the Department of Community Affairs or by the facility's municipality; and 2. A proposed plan …

(a) The applicant or DCN&L may request a preliminary review meeting to discuss the applicant's proposed program. Such a functional preapplication review shall provide the applicant with an opportunity for technical assistance regarding the necessity, feasibility, requirements, co…

(a) When both the written application for licensure is approved and the building is ready for occupancy, DCN&L representatives shall conduct a survey of the facility within 30 working days to determine if the facility complies with the rules in this chapter. 1. DCN&L shall notify…

(a) A conditional license may be issued by DCN&L with specific conditions and standards defined on such license and/or written in a conditional license letter granted by DCN&L when the purposes and intent of the proposed program are outside the scope of a regular license. All sta…

(a) Authorized DCN&L staff may conduct announced or unannounced visits and periodic surveys of licensed programs. The identity of clients will be kept confidential on all data collected by DCN&L staff for survey purposes. (b) Survey visits may include, but shall not be limited to…

(a) A deficiency may be cited by DCN&L upon any single or multiple determination that the facility does not comply with a licensure regulation. Such findings may be made as the result of either an on-site survey or inspection or as the result of the evaluation of written reports …

(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 deve…

(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 tr…

(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 mater…

(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…

(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, N.J.S.A. …

(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 timeta…

(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,…

(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 administ…