Title 26, Title 26: HEALTH AND VITAL STATISTICS

26:2G-13. Actions or proceedings not affected by this act This act shall not affect actions or proceedings, civil or criminal, brought by or against any department, commission, council, board, authority, officer or other agency, the functions, powers and duties of which have been…

26:2G-14. Applications or requests; filing Unless specifically otherwise provided in this act or by any operative law, whenever, pursuant to existing law, reports, certifications, applications or requests are required or permitted to be made to the department, board, division, co…

26:2G-15. Repeal of inconsistent acts All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, hereby repealed. L.1969, c. 152, s. 15.

26:2G-16. Partial invalidity If any provision of this act or the application thereof to any person or circumstances or the exercise of any power or authority thereunder is held invalid or contrary to law, such holding shall not affect other provisions or applications of the act w…

26:2G-2. Division of narcotic and drug abuse control; establishment; division defined There is hereby established in the Department of Health a division which shall be known as the Division of Narcotic and Drug Abuse Control. As used in this act, unless the context clearly indica…

26:2G-21. Narcotic and drug abuse treatment centers; public policy It is declared to be the public policy of this State to provide for the development, establishment and enforcement of basic standards to insure safe care and adequate treatment of individuals in narcotic and drug …

26:2G-22 Definitions. 2. As used in this act: "Commissioner" means the Commissioner of Health. "Narcotic drug" means any narcotic, drug, or dangerous controlled substance, as defined in any law of the State of New Jersey or of the United States. "Patient" means a person with a su…

26:2G-23 Certificate of approval; application. 3. No narcotic and substance use disorder treatment center shall operate within this State except pursuant to a certificate of approval obtained from the commissioner, upon application made therefor. Such application shall be made up…

26:2G-24 Investigation of applicant, facilities; issuance of certificate. 4. Upon receipt of an application for a certificate of approval, the commissioner shall cause an investigation to be made of the applicant and the facilities, and shall issue a certificate of approval if it…

26:2G-25 Rules, regulations, minimum standards for treatment. 5. The commissioner shall adopt, amend, promulgate and enforce such rules, regulations and minimum standards for the treatment of patients of narcotic and substance use disorder treatment centers as may be reasonably n…

26:2G-25.1 Database relative to availability of beds in residential substance use disorders treatment facilities. 1. a. The Division of Mental Health and Addiction Services in the Department of Human Services shall oversee the development and maintenance of a database, which shal…

26:2G-25.2 Submission of information for publication on database. 2. Each residential substance use disorders treatment facility in the State that receives State or county funding shall submit to the database developed and maintained pursuant to section 1 of this act, no less tha…

26:2G-26. Inspection The commissioner shall make or cause to be made such inspection of the premises, for which a certificate of approval has been issued, from time to time, as he may deem necessary to be assured that the holder thereof and the premises comply at all times with t…

26:2G-27. Denial, revocation or suspension of certificate of approval; notice; hearing; order; appeal The commissioner after a hearing may deny, revoke, or suspend any certificate of approval granted under authority of this act to any person, firm, partnership, corporation or ass…

26:2G-28 Unauthorized operation of treatment center; penalties; action to recover penalty. 8. Any person, firm, corporation, partnership, society or association who shall operate or conduct a narcotic and substance use disorder treatment center without first obtaining the certifi…

26:2G-29 Unauthorized operation of treatment center; injunction. 9. The commissioner may, in the manner provided by law, maintain an action in the name of the State of New Jersey for injunctive relief against any person, firm, corporation, partnership, society or association, con…

26:2G-3 Certain functions, powers, duties transferred. 3. All the functions, powers, and duties of the Commissioner of Human Services and the Commissioner of Community Affairs, in regard to the prevention and control of substance use disorders and the diagnosis, treatment, rehabi…

26:2G-30. Date of compliance for treatment center in operation at time of promulgation of rules and regulations Any facility for which a certificate of approval is required which is in operation at the time of promulgation of rules and regulations and minimum standards hereunder …

26:2G-31 Public policy. 1. It is declared to be the public policy of this State that the prevention of substance use, substance use disorders and the treatment and rehabilitation of persons with substance use disorders is a matter of grave concern to the people of the State and r…

26:2G-32. Definitions As used in this act: (a) "Commissioner" means the Commissioner of the New Jersey State Department of Health, or the person specifically designated by him to perform his functions and duties pursuant to this act. (b) "System" means the Statewide system of Dru…

26:2G-33. Establishment; administration; outreach offices The Commissioner of the Department of Health shall establish a Statewide system of Drug Abuse Treatment and Counseling Clinics. The system shall be administered by the commissioner through regional centers organized to sup…

26:2G-34 Program of medical and community services. 4. The clinics, regional centers, and outreach offices established hereunder shall provide a complete program of medical and community services in connection with all aspects of substance use, substance use disorder, and related…

26:2G-35. Employees, advisers and consultants; appointment The Commissioner of the Department of Health shall appoint and employ subject to the provisions of Title 11 of the Revised Statutes such employees, advisers, and consultants as he deems necessary to carry out the provisio…

26:2G-36. Rules and regulations; state and other clinics The commissioner is authorized to adopt, promulgate and enforce rules and regulations and establish operating standards which shall be applicable to clinics which are part of the system established hereunder and to persons,…

26:2G-37. Acceptance of gifts, grants, etc. The commissioner is authorized to contract for and to accept any gifts, grants, devises, bequests, funds, facilities, property, services, or assistance in any form from the Federal Government, or any agency or instrumentality thereof, o…

26:2G-38 Annual preparation of Substance Use Treatment Provider Performance Report. 1. a. The Division of Mental Health and Addiction Services in the Department of Human Services shall annually prepare a Substance Use Treatment Provider Performance Report in accordance with the p…

26:2G-39 "Opioid Recovery and Remediation Fund" established; Department of the Treasury. 1. a. There is created in the Department of the Treasury a dedicated, non-lapsing fund to be known as the "Opioid Recovery and Remediation Fund." b. To the extent consistent with the terms of…

26:2G-4. Director of narcotic and drug abuse control; appointment The administrator and head of the division shall be a director, who shall be known as the Director of Narcotic and Drug Abuse Control, and who shall be a person qualified by training and experience to perform the d…

26:2G-40 "Opioid Recovery and Remediation Advisory Council" established, Department of Human Services. 2. a. There is established in the Department of Human Services the Opioid Recovery and Remediation Advisory Council. The council shall be advisory in nature and its purpose shal…

26:2G-41 Attorney General, agreements, allocated moneys, national opioid litigation resolutions. 3. The Attorney General, in consultation with the Commissioner of Human Services, shall be authorized to enter into agreements with counties and municipalities concerning the allocati…

26:2G-42 County advisory councils, national opioid litigation resolution, disbursement, received moneys. 4. A county that directly receives moneys as a result of a national opioid litigation resolution shall establish an advisory council to provide input, advice, and recommendati…

26:2G-43 Report to Governor, Legislature; State expenditure, opioid litigation resolution proceeds. 5. a. No later than 12 months after the effective date of this act, and annually thereafter until all proceeds from national opioid litigation resolutions have been expended, the D…

26:2G-5 Additional powers of director. 5. The director, as head of the division, shall have all of the functions, powers and duties heretofore vested in the Commissioner of Human Services, and the Commissioner of Community Affairs when either commissioner was acting with regard t…

26:2G-6. Organization of division; rules and regulations (a) The director shall organize the division and establish therein such bureaus and subordinate organizational units as he may deem necessary and expedient. He may formulate and adopt rules and regulations and prescribe dut…

26:2G-7. Federal grants The director may apply for and accept on behalf of the State any grants from the Federal Government or any agency thereof, or from any foundation, corporation, association or individual, and may comply with the terms, conditions and limitations thereof, fo…

26:2G-8. Appropriations All appropriations and other moneys available and to become available to any department, division, bureau or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Division of Narcotic and Drug Abuse Control…

26:2G-9. Transfer of certain employees to division of narcotic and drug abuse control Such employees of any department, commission, council, board, authority, office or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Divisio…