Title 26, HEALTH AND VITAL STATISTICS

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…

26:2H-1 Declaration of public policy. 1. It is hereby declared to be the public policy of the State that hospital and related health care services and behavioral health care services of the highest quality, of demonstrated need, efficiently provided and accessible at a reasonable…

26:2H-10 Application for certificate of need; fee. 10. Application for a certificate of need shall be made to the department, and shall be in such form and contain such information as the department may prescribe. The department shall charge a nonreturnable fee for the filing of …

26:2H-100 Payment of assessment not passed through as cost, charge to payers. 9. a. A nursing home that realizes a net financial gain resulting from the payment of its assessment pursuant to section 5 of this act and the distribution of monies in the fund pursuant to section 6 of…

26:2H-101 Rules, regulations. 10. a. The State Treasurer shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the applicable provisions of this act; except that, notwithstanding any provision of P.L.1…

26:2H-102 Short title. 1. This act shall be known and may be cited as the "New Jersey Advance Directives for Mental Health Care Act." L.2005,c.233,s.1.

26:2H-103 Findings, declarations relative to advance directives for mental health care. 2. The Legislature finds and declares that: a. This State recognizes, in its law and public policy, a patient's right to make voluntary, informed choices to accept, reject, or choose among alt…

26:2H-104 Definitions relative to advance directives for mental health care. 3. As used in this act: "Adult" means an individual who has reached majority pursuant to section 3 of P.L.1972, c.81 (C.9:17B-3). "Advance directive for mental health care" or "advance directive" means a…

26:2H-105 Execution, reaffirmation, modification, revocation, suspension of advance directive for mental health care. 4. a. A declarant may execute, reaffirm, modify, revoke or suspend an advance directive for mental health care at any time, except as provided in subsection f. of…

26:2H-106 Validity of advance directive for mental health care, reaffirmation, modification, revocation. 5. a. (1) An advance directive for mental health care shall be deemed to be valid for an indefinite period of time if it does not include an expiration date, subject to a decl…

26:2H-107 Execution of proxy directive. 6. a. A declarant may execute a proxy directive, pursuant to the requirements of section 4 of P.L.2005, c.233 (C.26:2H-105), designating an adult who has mental capacity to act as the declarant's mental health care representative. (1) An ad…

26:2H-108 Operative date of advance directive for mental health care. 7. a. An advance directive for mental health care shall become operative: (1) when it is transmitted to the responsible mental health care professional or the psychiatric facility; and it is determined pursuant…

26:2H-109 Determination of patient's decision-making capacity. 8. a. The responsible mental health care professional shall determine whether the patient lacks the capacity to make a particular mental health care decision. The determination shall: be stated in writing; include the…

26:2H-11.1 Requirements for applicants for certificate of need, initial licensure for certain facilities. 1. In the case of an application for a certificate of need or initial licensure, as applicable, for a narcotic and drug abuse treatment center to be located within 500 feet f…

26:2H-11.2 Certificate of need call, "community perinatal center – intensive". 2. Within 180 days following the effective date of P.L.2025, c.320 (C.26:2H-11.2 et al.), the Department of Health shall issue a certificate of need call for the neonatal level of care designation, "co…

26:2H-11.3 Construction of act. 3. Nothing in P.L.2025, c.320 (C.26:2H-11.2 et al.), shall be construed as limiting the Department of Health’s licensing authority with regard to bassinets within health care facilities that provide inpatient, maternity services. L.2025, c.320, s.3…

26:2H-110 Authority of mental health care representative. 9. a. If it has been determined that the patient lacks decision- making capacity, a mental health care representative shall have authority to make mental health care decisions on behalf of the patient. (1) The mental healt…

26:2H-111 Additional responsibilities of responsible mental health care professional. 10. In addition to any rights and responsibilities recognized or imposed by or pursuant to this act, or by any other law, a mental health care professional shall have the following responsibilit…

26:2H-112 Discussion of patient's mental health condition. 11. a. (1) The responsible mental health care professional, the patient to the extent possible, the mental health care representative, and, when appropriate, any additional mental health care professional responsible for …

26:2H-113 Instruction directive legally operative, conditions. 12. a. If the patient has executed an instruction directive but has not designated a mental health care representative, or if neither the designated mental health care representative or any alternate designee is able …