Title 26, Title 26: HEALTH AND VITAL STATISTICS

26:2B-15 Procedures for admission, treatment at a facility. 9. Any person who is intoxicated and who voluntarily applies for treatment or is brought to a facility by a police officer or other authorized person in accordance with section 10 of P.L.1975, c.305 (C.26:2B-16) may be a…

26:2B-16. Person intoxicated in public place; assistance to facility; determination of intoxication Any person who is intoxicated in a public place may be assisted to his residence or to an intoxication treatment center or other facility by a police officer or other authorized pe…

26:2B-17 Procedure for individuals arrested for violation of municipal ordinance, disorderly persons offense. 11. Any person who is arrested for a violation of a municipal ordinance, or for a disorderly persons offense, and who is not also arrested for a misdemeanor, and who the …

26:2B-18. Person under treatment at facility; subjection to supervisory powers of administrator Each person who receives treatment at a facility shall be subject to the supervisory powers of the administrator exercised in accordance with rules and regulations of the department. L…

26:2B-19. Rights of juveniles All rights afforded any person under this act shall apply to juveniles as may be consistent with present statutory law applying to minors. L.1975, c. 305, s. 13.

26:2B-20. Records; confidentiality; rights of patients a. The administrator of each facility shall keep a record of the treatment afforded each patient, which shall be confidential and shall be made available only upon proper judicial order, whether in connection with pending jud…

26:2B-21 Rights of person who received treatment at facility; person with an alcohol use disorder. 15. No person who has received treatment at a facility in accordance with the provisions of P.L.1975, c.305 (C.26:2B-7 et seq.) or person who is a person with an alcohol use disorde…

26:2B-22. Service forces to assist police The State, the several counties and municipalities may establish services forces to assist the police in accordance with the provisions of section 9 of this act. Such service forces may be a part of police department, or may be a separate…

26:2B-23 Program of education; services of division. 17. The division shall establish and maintain, in cooperation with the office of the Attorney General, the State, municipal and local police, the courts, the Department of Corrections, the Department of Human Services, and othe…

26:2B-24 Tests for alcohol; written manual; collection of data. 18. The division shall, in cooperation with the State, municipal and local police, and the New Jersey Motor Vehicle Commission, conduct tests for alcohol in the bodies of automobile drivers and pedestrians who die as…

26:2B-25. Review of laws and regulations on manufacture, sale and consumption of alcoholic beverages; report The division, in cooperation with the office of the Attorney General and other interested State departments and agencies, shall undertake a broad review of State and local…

26:2B-26. Laws, ordinances or regulations of local government on public intoxication or inconsistent with act; prohibition; exemptions No county, municipality, or other political subdivision of the State shall adopt any law, ordinance, bylaw, resolution or regulation having the f…

26:2B-27 Department of Health designated. 21. The Department of Health shall be the single State agency designated by the State as the agency primarily responsible for the treatment of intoxicated persons and persons with alcohol use disorder. All activities, projects or programs…

26:2B-28. Transfer of property, moneys, obligations, and officers and employees under prior law to division; retention of supervisory powers by department 22. All books, papers, records, documents, and equipment in the custody of or maintained for the use of the Department of Hea…

26:2B-29. Repeal and prohibition of ordinance, resolution or other legislation on offense of public intoxication Notwithstanding any other provision of law, no county, municipality, or other jurisdiction within the State shall adopt an ordinance, resolution, or other legislation …

26:2B-30. Severability If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of the act which can be given effect without such invalid provision or application, an…

26:2B-31. Short title 26. This act shall be known and may be cited as the "Alcohol Use Disorder Treatment and Rehabilitation Act." L.1975, c. 305, s. 26; amended 2023, c.177, s.64.

26:2B-32. Fund established. 3. An Alcohol Education, Rehabilitation and Enforcement Fund is established as a nonlapsing, revolving fund in a separate account in the Department of Health. The fund shall be credited from July 1, 1990 through June 30, 1991, with 27.6 percent of the …

26:2B-33 Plan for community services. 4. a. The governing body of each county, in conjunction with the county agency or individual designated by the county with the responsibility for planning services and programs for the care or rehabilitation of persons with alcohol use disord…

26:2B-34 Allotment formula. 5. a. Allotments to each county whose annual comprehensive plan is approved pursuant to the provisions of section 4 of this act shall be made on the basis of the following formula: County Allotment = Population of County x Total Funds Appropriated Popu…

26:2B-35. Distribution of enforcement moneys a. Moneys dedicated for enforcement from the Alcohol Education, Rehabilitation and Enforcement Fund shall be distributed as follows: (1) One-third shall be distributed to the "Municipal Court Administration Reimbursement Fund" pursuant…

26:2B-36. Findings, declarations relative to alcoholism, drug abuse among the deaf, hard of hearing, disabled. 1. The Legislature finds and declares that: there is growing evidence that people with deafness, hearing loss or other disabilities are at greater risk of having a subst…

26:2B-37 "Substance Use Disorder Program for the Deaf, Hard of Hearing and Disabled." 2. a. The Commissioner of Human Services shall establish "Substance Use Disorder Program for the Deaf, Hard of Hearing and Disabled". b. Pursuant to Reorganization Plan No. 002-2004, the Commiss…

26:2B-38 Program contents. 3. The program shall include, but not be limited to: providing public awareness of, and developing advocacy efforts for the deaf, persons with hearing impairments, and other persons with disabilities who are in need of treatment services for alcohol use…

26:2B-39. Rules, regulations 4. The commissioner shall adopt rules and regulations necessary to carry out the purposes of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). L.1995,c.318,s.4.

26:2B-40 Licensing for certain residential drug treatment programs; rules, regulations. 1. a. A drug treatment program operating within a State correctional facility or county jail which meets or substantially meets the requirements for licensing as a residential drug treatment p…

26:2B-6. Commission on Alcoholism and Promotion of Temperance abolished The Commission on Alcoholism and Promotion of Temperance established by "An act concerning the preparation and administration of a program for the rehabilitation of alcoholics and the promotion of temperance …

26:2B-7 Public policy. 1. It is the policy of the State of New Jersey that persons with an alcohol use disorder and intoxicated persons may not be subjected to criminal prosecution because of their consumption of alcoholic beverages, but rather should be afforded a continuum of t…

26:2B-8 Definitions. 2. The following words as used in P.L.1975, c.305 (C.26:2B-7 et seq.) shall, unless the context requires otherwise, have the following meanings: "Administrator" means the person in charge of the operation of a facility, or his designee. "Admitted" means accep…

26:2B-9 Division of alcoholism. 3. There is hereby established in the Department of Human Services a Division of Mental Health and Addiction Services under the direction of an assistant commissioner. The assistant commissioner shall be an individual with training and experience i…

26:2B-9.1. Transfer of bureau of alcohol countermeasures in division of motor vehicles in department of law and public safety to division of alcoholism. 2. The Bureau of Alcohol Countermeasures in the Motor Vehicle Commission is transferred to the Division of Mental Health and Ad…

26:2B-9.2 "Alcohol Treatment Programs Fund." 2. a. There is created within the Department of Health a special nonlapsing revolving fund to be known as the "Alcohol Treatment Programs Fund." The fund shall consist of such monies as are deposited pursuant to section 12 of P.L.1994,…

26:2B-9.3 Regulations. 3. The Director of the Division of Addiction Services in the Department of Health and Senior Services shall promulgate regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate…