(Sponsorship Updated As Of: 5/13/2024)
ASSEMBLY, No. 2198
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman BARBARA MCCANN STAMATO
District 31 (Hudson)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Co-Sponsored by:
Assemblyman Verrelli, Assemblywomen Peterpaul, Donlon and Reynolds-
Jackson
SYNOPSIS
Clarifies DHS authority to regulate sober living homes and halfway houses
as residential substance abuse aftercare facilities; requires background checks
and other protections for residents of residential substance abuse facilities.
CURRENT VERSION OF TEXT
As reported by the Assembly Oversight, Reform and Federal Relations
Committee with technical review.
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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
AN ACT concerning the regulation of certain facilities by the 1
Department of Human Serv ices and amending and 2
supplementing P.L.1975, c.305 and P.L.1970, c.334, amending 3
P.L.1982, c.149, and supplementing Titles 26 and 53 of the 4
Revised Statues. 5
6
BE IT ENACTED by the Senate and General Assembly of the State 7
of New Jersey: 8
9
1. Section 2 of P.L.1975, c.305 (C.26:2B-8) is amended to read 10
as follows: 11
2. The following words as used in P.L.1975, c.305 (C.26:2B-7 et 12
seq.) shall, unless the context requires otherwise, have the following 13
meanings: 14
"Administrator" means the person in charge of the operation of a 15
facility, or his designee. 16
"Admitted" means accepted for treatment at a facility. 17
"Assistant commissioner" means the Assistant Commissioner of 18
the Division of Mental Health and Addiction Services in the 19
Department of Human Services. 20
"Authorized persons" means persons who serve as volunteer first 21
aid or ambulance squad members, para-professional medical 22
personnel, and rehabilitated persons with alcohol use disorder. 23
"Commissioner" means the Commissioner of Human Services. 24
"Department" means the Department of Human Services. 25
"Director" means the Director of the Division of Mental Health 26
and Addiction Services. 27
"Division" means the Division of Mental Health and Addiction 28
Services in the Department of Human Services. 29
"Facility" means any public, private place, or portion thereof 30
providing services especially designed for the treatment of intoxicated 31
persons or persons with alcohol use disorder; including, but not limited 32
to intoxication treatment centers, inpatient treatment facilities, 33
outpatient facilities, and residential aftercare facilities. 34
"Incapacitated" means the condition of a person who is: a. as a 35
result of the use of alcohol, unconscious or has judgment so impaired 36
that the person is incapable of realizing and making a rational decision 37
with respect to the person's need for treatment, b. in need of substantial 38
medical attention, or c. likely to suffer substantial physical harm. 39
"Independent physician" means a physician other than one holding 40
an office or appointment in any department, board or agency of the 41
State or in any public facility. 42
"Intoxicated person" means a person whose mental or physical 43
functioning is substantially impaired as a result of the use of alcoholic 44
beverages. 45
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"Patient" means any person admitted to a facility. 1
"Person with alcohol use disorder" means any person who 2
chronically, habitually, or periodically consumes alcoholic beverages 3
to the extent that: a. such use substantially injures the person's health 4
or substantially interferes with the person's social or economic 5
functioning in the community on a continuing basis, or b. the person 6
has lost the power of self-control with respect to the use of such 7
beverages. 8
"Private facility" means a facility other than one operated by the 9
federal government, the State of New Jersey, or any political 10
subdivision thereof. 11
"Public facility" means a facility operated by the State of New 12
Jersey or any political subdivision thereof. 13
"Treatment" means services and programs for the care or 14
rehabilitation of intoxicated persons and persons with alcohol use 15
disorder, including, but not limited to, medical, psychiatric, 16
psychological, vocational, educational, recreational, and social 17
services and programs. 18
(cf: P.L.2023, c.177, s.58) 19
20
2. Section 6 of P.L.1975, c.305 (C.26:2B-12) is amended to 21
read as follows: 22
6. The department shall take cognizance of all matters affecting 23
alcohol use disorder in the State and shall establish and conduct a 24
program for the treatment of intoxicated persons and persons with an 25
alcohol use disorder. 26
The program may encourage regionalization of services and, if not 27
otherwise available, provide for the following facilities, which need 28
not be separately located: 29
a. Intoxication treatment centers, which centers shall render 30
emergency medical care, including detoxification, shall be open 24 31
hours every day, and shall be located conveniently near population 32
centers. Services shall be provided for the immediate physical and 33
social needs, including the needs for medication and shelter, of 34
intoxicated persons, and shall also provide for initial examination, 35
diagnosis and referral. To the extent possible, such treatment centers 36
shall be affiliated with a general or other hospital. 37
b. Inpatient facilities, for treatment of persons with an alcohol use 38
disorder, which shall, to the extent possible, be affiliated with the 39
medical service of a general hospital, mental hospital, community 40
mental health center, or other hospital. 41
c. Outpatient facilities. 42
d. Residential aftercare facilities, such as halfway houses or 43
transitional sober living homes. 44
The department shall maintain, supervise and control all facilities 45
operated by it pursuant to P.L.1975, c.305 (C.26:2B-7 et seq.) and all 46
such facilities shall be staffed with an adequate number of qualified 47
and trained personnel. The administrator of each [such] facility shall 48
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make an annual report of its activities to the director in such manner 1
and form as the director may deem appropriate. All appropriate 2
resources, particularly community mental health centers, shall 3
whenever possible be utilized in and coordinated with the program. 4
Services delivered by the department pursuant to P.L.1975, c.305 5
(C.26:2B-7 et seq.) may be administered on the premises of 6
institutions operated in whole or in part by the department of 7
institutions and agencies. Such services shall be administered as such 8
services are administered in the other facilities of the department and 9
shall in all respects be therapeutic in nature rather than penal or 10
correctional. 11
The department shall prepare and publish annually a list of all 12
[services] facilities and service-providing entities operating in 13
accordance with P.L.1975, c.305 (C.26:2B-7 et seq.) and shall make 14
the list available , upon request , to members of the public, and shall 15
include the information on its website in accordance with the registry 16
established pursuant to section 17 of P.L. , c. (C. )(pending 17
before the Legislature as this bill). The department shall notify all law 18
enforcement agencies and judges in the State of the location and 19
capacity of intoxication treatment centers and other [services] service-20
providing entities operating in accordance with [this act] P.L.1975, 21
c.305 (C26:2B-7 et seq.), which are situated in or near their 22
jurisdictions. 23
(cf: P.L.2017, c.131, s.73) 24
25
3. Section 2 of P.L.1970, c.334 (C.26:2G-22) is amended to 26
read as follows: 27
2. As used in this act: 28
"Commissioner" means the Commissioner of [Health] Human 29
Services. 30
“Department” means the Department of Human Services. 31
"Narcotic drug" means any narcotic, drug, or dangerous controlled 32
substance, as defined in any law of the State of New Jersey or of the 33
United States. 34
"Narcotic and drug abuse treatment center" means any 35
establishment, facility or institution, public or private, whether 36
operated for profit or not, which primarily offers, or purports to 37
offer, maintain, or operate facilities for the residential or outpatient 38
diagnosis, care, treatment, rehabilitation , or transitional sober 39
living of two or more nonrelated individuals, who are patients as 40
defined herein, excluding, however, any hospital or mental hospital 41
otherwise licensed by Title 30 of the Revised Statutes. 42
"Patient" means a person with a substance use disorder, or who 43
otherwise has a physical or mental impairment from the use of narcotic 44
drugs, or who is in the process of recovering from such addiction or 45
physical or mental suffering, and who requires the continuing care of a 46
substance use disorder treatment center. 47
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"Substance use disorder treatment center" means any 1
establishment, facility or institution, public or private, whether 2
operated for profit or not, which primarily offers, or purports to offer, 3
maintain, or operate facilities for the residential or outpatient 4
diagnosis, care, treatment, or rehabilitation of two or more nonrelated 5
individuals, who are patients as defined herein, excluding, however, 6
any hospital or mental hospital otherwise licensed by Title 30 of the 7
Revised Statutes. 8
(cf: P.L.2023, c.177, s.83) 9
10
4. Section 5 of P.L.1970, c.334 (C.26:2G-25) is amended to 11
read as follows: 12
5. The commissioner shall adopt, amend, promulgate and enforce 13
such rules, regulations and minimum standards for the treatment of 14
patients of narcotic and substance use disorder treatment centers as 15
may be reasonably necessary to accomplish the purposes of P.L.1970, 16
c.334 (C.26:2G-21 et seq.). Such narcotic and substance use disorder 17
treatment centers may be classified into two or more classes with 18
appropriate rules, regulations and minimum standards for each such 19
class. The department’s classification system shall account for all 20
types of narcotic and drug abuse treatment centers, including, but not 21
limited to: (1) facilities that provide patients with detoxification, 22
medication-assisted treatment, or other intensive or emergency-level 23
drug abuse treatment on an inpatient basis; (2) facilities that provide 24
patients with detoxification, medication-assisted treatment, or other 25
drug abuse treatment, on an outpatient basis; and (3) residential 26
aftercare facilities, such as halfway houses and transitional sober living 27
homes, which help recovering drug addicts and abusers make a 28
successful and sober transition back into the community-at-large. No 29
narcotic or drug abuse treatment center, transitional sober living home, 30
halfway house, or other residential aftercare facility shall be permitted 31
to deny admission to a prospective client on the basis that the person is 32
currently receiving medication assisted treatment for a substance use 33
disorder administered by a licensed treatment provider, including but 34
not limited to methadone, buprenorphine, naltrexone, or any other 35
medication approved by the Food and Drug Administration for the 36
treatment of a substance use disorder. 37
The rules and regulations adopted pursuant to this section shall, at 38
a minimum, require a transitional sober living home, halfway house, or 39
other residential aftercare facility to provide notice to a patient's 40
spouse, parent, legal guardian, designated next of kin, or other 41
designated emergency contact, whenever the patient voluntarily 42
withdraws, or is involuntarily evicted from, such facility, provided 43
that: (1) such notice is provided in a manner that is consistent with 44
federal requirements under 42 CFR Part 2 and federal HIPAA 45
requirements under 45 CFR Parts 160 and 164; and (2) the patient, if 46
an adult, has not withheld consent for such notice or expressly 47
requested that notification not be given. If a patient who is not 48
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incapacitated withholds consent for such notice, or expressly requests 1
that notification not be given, the department shall require the patient's 2
wishes to be respected unless the patient is a minor child or adolescent, 3
in which case, the department shall require the minor's parent, legal 4
guardian, designated next of kin, or other designated emergency 5
contact to be notified, provided that such notification is not 6
inconsistent with, and would not violate, federal requirements under 7
42 CFR Part 2 and federal HIPAA requirements under 45 CFR Parts 8
160 and 164. 9
(cf: P.L.2017, c.256, s.1) 10
11
5. Section 1 of P.L.1982, c.149 (C.26:2H-11.1) is amended to 12
read as follows: 13
1. In the case of an application for a certificate of need or 14
initial licensure, as applicable, for a narcotic and drug abuse 15
treatment center to be located within 500 feet from any building in 16
this State used for the instruction of children between the ages of 17
five and 18 years, the applicant shall notify the governing body of 18
the municipality within which the applicant proposes to locate the 19
treatment center of the applicant's intention to apply for the 20
certificate of need or licensure and the proposed location of the 21
center. Documentation of the notice shall be filed with the 22
certificate of need or license application. The Commissioner of 23
Health is hereby authorized to adopt reasonable rules and 24
regulations, in accordance with the provisions of the 25
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et 26
seq.), to effectuate the purposes of this act. For the purposes of this 27
act, the definition of "narcotic and drug abuse treatment center" 28
shall be identical to the definition in [subsection (a) of] section 2 of 29
P.L.1970, c.334 (C.26:2G-22). This act shall not apply to any 30
narcotic and drug abuse treatment center for which an application 31
was filed prior to the effective date of this act. 32
(cf: P.L.2012, c.17, s.177) 33
34
6. (New section) a. Except as provided in subsection b. of this 35
section, a facility regulated by the department pursuant to P.L.1975, 36
c.305 (C.26:2B-7 et seq.) shall not remove a resident from the 37
facility until at least one week following the date of delivery by the 38
facility to the resident of a written notice that advises the resident 39
that the resident shall be removed from the facility no less than one 40
week from the date of delivery of the notice. 41
b. The provisions of subsection a. of this section shall not 42
apply if the resident of the facility poses an immediate and serious 43
threat to other residents of the facility or to the facility. 44
c. As used in this section, "immediate and serious threat" 45
means that the resident causes or will imminently cause a serious 46
injury, harm, impairment, or death to a resident of the facility, or 47
A2198 MCCANN STAMATO , SPEIGHT
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causes or will imminently cause an incident affecting the safety of 1
the facility. 2
3
7. (New section) In addition to any other inspection of a 4
facility regulated by the department pursuant to P.L.1975, c.305 5
(C.26:2B-7 et seq.), the department shall conduct a biweekly 6
inspection of a facility if the facility is under investigation for a 7
violation of P.L.1975, c.305 (C.26:2B-7 et seq.) or any rules and 8
regulations adopted pursuant thereto, or under any other authority. 9
The biweekly inspection shall continue until such time as the 10
investigation is concluded. 11
12
8. (New section) a. Except as provided in subsection b. of this 13
section, a narcotic and drug abuse treatment center regulated by the 14
department pursuant to P.L.1970, c.334 (C.26:2G-21 et seq.) shall 15
not remove a resident from the center until at least one week 16
following the date of delivery by the center to the resident of a 17
written notice that advises the resident that the resident shall be 18
removed from the center no less than one week from the date of 19
delivery of the notice. 20
b. The provisions of subsection a. of this section shall not 21
apply if the resident of the center poses an immediate and serious 22
threat to other residents of the center or to the center. 23
c. As used in this section, "immediate and serious threat" 24
means that the resident causes or will imminently cause a serious 25
injury, harm, impairment, or death to a resident of the center, or 26
causes or will imminently cause an incident affecting the safety of 27
the center. 28
29
9. (New section) In addition to any other inspection of a 30
narcotic and drug abuse treatment center regulated by the 31
department pursuant to P.L.1970, c.334 (C.26:2G-21 et seq.), the 32
department shall conduct a biweekly inspection of a center if the 33
center is under investigation for a violation of P.L.1970, c.334 34
(C.26:2G-21 et seq.) or any rules and regulations adopted pursuant 35
thereto, or under any other authority. The biweekly inspection shall 36
continue until such time as the investigation is concluded. 37
38
10. (New section) As used in sections 10 through 14 of 39
P.L. , c. (C. ) (pending before the Legislature as this bill): 40
"Administrator" means the person in charge of the operation of a 41
facility. 42
"Commissioner" means the Commissioner of Human Services. 43
"Department" means the Department of Human Services. 44
"Facility" means a facility as defined in section 2 of P.L.1975, 45
c.305 (C.26:2B-8) or a narcotic and drug abuse treatment center as 46
defined in section 2 of P.L.1975, c.305 (C.26:2G-22), and includes 47
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a residential aftercare facility, such as a halfway house or 1
transitional sober living home. 2
"Owner of the physical plant" or "owner" means the person who 3
owns the property on which the facility is located. 4
"Representative payee" means a person who is employed by a 5
facility and receives government benefits on behalf of an individual 6
residing in the facility. 7
8
11. (New section) a. The commissioner shall not issue a license 9
or certificate of approval, as applicable, to a facility pursuant to 10
P.L.1975, c.305 (C.26:2B-7 et seq.) or P.L.1970, c.334 (C.26:2G-21 11
et seq.), unless the Commissioner of Human Services determines, 12
consistent with the requirements of sections 10 through 14 of 13
P.L. , c. (C. )(pending before the Legislature as this bill), 14
that no criminal history record information exists on file in the 15
Federal Bureau of Investigation, Identification Division, or in the 16
State Bureau of Identification in the Division of State Police in the 17
Department of Law and Public Safety, which would: disqualify a 18
person from employment as an administrator or representative 19
payee at the facility; or reveal that an owner of the physical plant of 20
a facility has been convicted of crimes or offenses that would 21
disqualify a person from securing or maintaining a license or 22
certificate of approval for a facility. 23
b. If an administrator, representative payee, or owner of the 24
physical plant of a facility refuses to consent to, or cooperate in, the 25
securing of a criminal history record background check pursuant to 26
P.L. , c. (C. ) (pending before the Legislature as this bill), the 27
department shall suspend, deny, revoke, or refuse to renew the 28
license or certificate of approval of a facility, as applicable. 29
30
12. (New section) In the case of a facility established prior to 31
the effective date of P.L. , c. (C. ) (pending before the 32
Legislature as this bill), the commissioner shall require each 33
administrator, representative payee, or owner of the physical plant 34
of a facility to submit to the department a request for a criminal 35
history record background check within 60 days of the effective 36
date of P.L. , c. (C. ) (pending before the Legislature as this 37
bill) for processing by the Division of State Police and the Federal 38
Bureau of Investigation. 39
40
13. (New section) a. A person shall be disqualified from 41
securing or maintaining a license or certificate of approval, as 42
applicable, of a facility if the criminal history record background 43
check of the person who is the owner of the physical plant of the 44
facility or a person who seeks and is subsequently employed or is 45
currently employed as an administrator or representative payee 46
reveals a record of conviction of any of the following crimes and 47
offenses: 48
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(1) In New Jersey, any crime or disorderly persons offense: 1
(a) involving danger to the person, meaning those crimes and 2
disorderly persons offenses set forth in N.J.S.2C:11-1 et seq., 3
N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq., N.J.S.2C:14-1 et seq. 4
or N.J.S.2C:15-1 et seq.; or 5
(b) against the family, children or incompetents, meaning those 6
crimes and disorderly persons offenses set forth in N.J.S.2C:24-1 et 7
seq.; or 8
(c) involving theft as set forth in chapter 20 of Title 2C of the 9
New Jersey Statutes; or 10
(d) involving any controlled dangerous substance or controlled 11
substance analog as set forth in chapter 35 of Title 2C of the New 12
Jersey Statutes except paragraph (4) of subsection a. of 13
N.J.S.2C:35-10. 14
(2) In any other state or jurisdiction, of conduct which, if 15
committed in New Jersey, would constitute any of the crimes or 16
disorderly persons offenses described in paragraph (1) of this 17
subsection. 18
b. Notwithstanding the provisions of subsection a. of this 19
section, no person shall be disqualified pursuant to this section on 20
the basis of any conviction disclosed by a criminal history record 21
background check performed pursuant to P.L. , c. (C. )(pending 22
before the Legislature as this bill) if the person has affirmatively 23
demonstrated to the commissioner clear and convincing evidence of 24
the person's rehabilitation. In determining whether a person has 25
affirmatively demonstrated rehabilitation, the following factors 26
shall be considered: 27
(1) the nature and responsibility of the position which the 28
convicted person would hold, has held or currently holds, as the 29
case may be; 30
(2) the nature and seriousness of the offense; 31
(3) the circumstances under which the offense occurred; 32
(4) the date of the offense; 33
(5) the age of the person when the offense was committed; 34
(6) whether the offense was an isolated or repeated incident; 35
(7) any social conditions which may have contributed to the 36
offense; and 37
(8) any evidence of rehabilitation, including good conduct in 38
prison or in the community, counseling or psychiatric treatment 39
received, acquisition of additional academic or vocational 40
schooling, successful participation in correctional work-release 41
programs, or the recommendation of those who have had the person 42
under their supervision. 43
44
14. (New section) a. A person who is required to undergo a 45
criminal history record background check pursuant to sections 10 46
through 13 of P.L. , c. (C. ) (pending before the Legislature 47
as this bill) shall submit to the commissioner that person's name, 48
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address, and fingerprints. The commissioner is authorized to 1
exchange fingerprint data with and receive criminal history record 2
information from the Federal Bureau of Investigation and the 3
Division of State Police in the Department of Law and Public 4
Safety for use in making the determinations required by 5
P.L. , c. (C. ) (pending before the legislature as this bill). 6
b. Upon receipt of the criminal history record information for a 7
person from the Federal Bureau of Investigation or the Division of 8
State Police, the commissioner shall immediately notify, in writing: 9
(1) the person and the person's employer, as applicable, or the 10
person's prospective employer, if known, of the person's 11
qualification or disqualification for employment as an administrator 12
or payee representative. If the person is disqualified, the conviction 13
or convictions which constitute the basis for the disqualification 14
shall be identified in the notice to the person, but shall not be 15
identified in the notice to the person's employer or prospective 16
employer; or, as applicable, 17
(2) the person who is the owner of the physical plant and the 18
facility which is located on the property of the owner, of a person's 19
qualification or disqualification for securing or maintaining a 20
license pursuant to P.L.1975, c.305 (C.26:2B-7 et seq.) or 21
certificate of approval pursuant to P.L.1970, c.334 (C.26:2G-22
21 et seq.). The owner shall be notified of the conviction or 23
convictions which constitute the results of the owner's criminal 24
history record background check. If the results reveal that a person 25
would be disqualified from securing or maintaining a license or 26
certificate of approval, the crimes and offenses shall be identified in 27
the notice to the owner, but shall not be identified in the notice to 28
the facility which is located on the property of the owner. 29
c. The person who is the subject of the background check shall 30
have 30 days from the date of the written notice of disqualification 31
to petition the commissioner for a hearing on the accuracy of the 32
person's criminal history record information or to establish the 33
person's rehabilitation under subsection b. of section 13 of 34
P.L. , c. (C. ) (pending before the Legislature as this bill). 35
The commissioner shall notify the person's employer or prospective 36
employer or the person securing or maintaining a license or 37
certificate of approval, as applicable, of the person's petition for a 38
hearing within five days following the receipt of the petition from 39
the person. Upon the issuance of a final decision upon a petition to 40
the commissioner pursuant to this subsection, the commissioner 41
shall notify the person and the person's employer or prospective 42
employer or the owner of the physical plant and the person securing 43
or maintaining a license or certificate of approval, as applicable, as 44
to whether the person remains disqualified for employment or 45
whether a person securing or maintaining a license or certificate of 46
approval remains disqualified under P.L. , c. (C. ) (pending 47
before the Legislature as this bill). 48
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d. (1) A facility that has received an employment application 1
from a person who is seeking employment as an administrator or 2
representative payee or that currently employs an administrator or 3
representative payee, and: 4
(a) receives notice from the commissioner that the prospective 5
or current administrator or representative payee has been 6
determined by the commissioner to be disqualified to be an 7
administrator or representative payee; or 8
(b) terminates its employment of an administrator or 9
representative payee because the person was disqualified from 10
employment as an administrator or representative payee on the basis 11
of a conviction of a crime or offense as described in section 13 of 12
P.L. , c. (C. ) (pending before the Legislature as this bill); 13
shall be immune from liability for disclosing that disqualification or 14
termination in good faith to another facility that may employ that 15
person as an administrator or representative payee. 16
17
15. (New section) A person who undergoes a criminal history 18
record background check pursuant to sections 10 through 14 of 19
P.L. , c. (C. ) (pending before the Legislature as this bill) 20
shall assume the cost of the criminal history record background 21
check conducted pursuant to P.L. , c. (C. ) (pending before 22
the Legislature as this bill). 23
24
16. (New section) a. The Commissioner of Human Services is 25
authorized to exchange fingerprint data with, and to receive 26
information from, the Division of State Police in the Department of 27
Law and Public Safety and the Federal Bureau of Investigation, in 28
accordance with the provisions of sections 10 through 14 of 29
P.L. , c. (C. ) (pending before the Legislature as this bill). 30
b. The Division of State Police shall promptly notify the 31
Department of Human Services in the event a person who was the 32
subject of a criminal history record background check conducted 33
pursuant to subsection a. of this section, is convicted of a crime or 34
offense in this State after the date the background check was 35
performed. Upon receipt of such notification, the department shall 36
make a determination regarding the employment of the 37
administrator or representative payee, or the maintenance of a 38
license or certificate of approval, as applicable, of a facility 39
pursuant to sections 10 through 14 of P.L. , c. (C. ) (pending 40
before the Legislature as this bill). 41
42
17. (New section) a. The Division of Mental Health and 43
Addiction Services in the Department of Human Services shall 44
oversee the development and maintenance of a registry, which shall 45
collect and track the information received pursuant to subsection e. 46
of this section about the number of openings available for persons 47
seeking residency in each facility licensed pursuant to P.L.1975, 48
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12
c.305 (C.26:2B-7 et seq.) and each narcotic and drug abuse 1
treatment center issued a certificate of approval pursuant to 2
P.L.1970, c.334 (C.26:2G-21 et seq.) in the State. 3
b. The information maintained in the registry shall include, by 4
county: 5
(1) the name, address and telephone number of the facility or 6
center; 7
(2) the type of services provided by the facility or center; 8
(3) the maximum occupancy of the facility or center; and 9
(4) the number of openings available for persons seeking 10
residency, based on the information received pursuant to subsection 11
e. of this section. 12
c. The information described in subsection b. of this section 13
shall be: 14
(1) prominently displayed on the website of the department and 15
provide for a search by county or the name of the facility or center; 16
(2) made available to the public, upon request, through the 17
addictions telephone hotline and the Statewide 2-1-1 telephone 18
system; and 19
(3) made available using any other means that the 20
Commissioner of Human Services deems appropriate. 21
d. The commissioner is authorized to solicit, receive, and 22
accept grants, funds, or anything of value from any public or private 23
entity and receive and accept contributions of money, property, 24
labor, or any other thing of value from any legitimate source for the 25
purpose of the development and maintenance of a registry pursuant 26
to this section. 27
e. Each facility licensed pursuant to P.L.1975, c.305 (C.26:2B-28
7 et seq.) and each narcotic and drug abuse treatment center issued a 29
certificate of approval pursuant to P.L.1970, c.334 (C.26:2G-30
21 et seq.) shall submit to the registry developed and maintained 31
pursuant to this section, no less than once a day, information 32
advising of the number of openings that are available in the facility 33
or center on that day. 34
35
18. The Commissioner of Human Services shall, in accordance 36
with the "Administrative Procedure Act," P.L.1968, c.410 37
(C.52:14B-1 et seq.), adopt any rules and regulations as the 38
commissioner deems necessary to carry out the provisions of this 39
act. 40
41
19. This act shall take effect on the first day of the seventh 42
month next following the date of enactment, except the 43
Commissioner of Human Services may take any anticipatory 44
administrative action in advance as shall be necessary for the 45
implementation of this act. 46