New Jersey Administrative Code

(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 resist…

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. Notes N.J. Admin. Code § …

(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) Rev…

(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 Subco…

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 N.J.S.A. 5:23-7, Barrier Free Subcode. Notes N.J. Admin. Code § 10:161B-23.5

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 f…

Ventilation shall be provided in accordance with the International Mechanical Code 2003, as incorporated in N.J.A.C. 5:23. Notes N.J. Admin. Code § 10:161B-23.7

The width of passageways including doors, aisles and corridors in a facility shall not be less than 36 inches. Notes N.J. Admin. Code § 10:161B-23.8

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. Notes N.J. Admin. Code § 10:161B-23.9

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. Notes N.J. Admin. Code § 10:161B-24.1

(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 ensur…

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 fe…

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 upg…

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. Notes N.J. Admin. Code § 10:161B-25.2

(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. (b) Written ag…

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. Notes N.J. Admin. Code § 10:161B-3…

(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 veh…

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. Notes N.J. Admin. Code § 10:161B-3.12 Amended by 48 N.J.R. 2791(a), effective 12/19/2016

(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 …

(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 …

(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 …

(a) The facility shall maintain personnel records for each employee, including, but not limited to, the employee's name, address, Social Security number, proof of identification, previous employment history (including verification), educational background, credentials (including …

(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 po…

(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 d…

(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…

(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…

(a) Every facility shall have a governing authority, which shall assume legal responsibility for the management, operation, and financial viability of the facility. The governing authority shall have written policies and protocols for the following: 1. The facility's mission and …

(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)…

(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 ab…

(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; …

(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 cl…

(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 legal…

No facility shall use any physical, chemical, or other types of restraint. Notes N.J. Admin. Code § 10:161B-6.5

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. Notes N.J. Admin. Code § 10:161B-6.6

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…

(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 servic…

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) 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 wi…

(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 N.J.A.C. 10:161B-9.1; 2. Ordering, interpreting and d…

(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 servi…

(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 nur…

(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 po…

(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/employme…

(a) A client treatment plan shall be developed for every client based on the assessment of the client in accordance with N.J.A.C. 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 tr…

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, …

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 DOH-licensed substance use disorder treatment agency or a licensed healthcare practitioner or professio…

(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 pursuant to N.J.S.A. 39:4-50(f). The counties may e…