Legal

New Jersey State Laws and Regulations

New Jersey Frequently Asked Questions

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The information provided in this FAQ is intended to provide general information only and does not constitute legal counsel or advice. Members are encouraged to seek their own independent legal counsel to establish compliant policies, procedures, and programs.

 

Downloadable Resources:

 

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  • Employee Confidentiality Agreement
  • Employee Orientation Checklist
  • Client Records Checklist
  • Quality Assurance
  • Initial Training Requirements
Overview

A list of overall rules and regulations for New Jersey. Click on the appropriate question to expand for more information.

What types of chemical dependency services are offered in New Jersey?
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What does it mean to be "licensed," "certified," or "accredited" in this industry?
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Licensing & Certification

A list of rules and regulations for New Jersey with regards to licensing and certification. Click on the appropriate question to expand for more information.

What kind of licensure and certifications are required to operate a substance abuse treatment program in New Jersey?
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How can the licensing agency for substance abuse treatment facilities in New Jersey be reached?
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What is the process for substance abuse treatment facility to obtain a license?
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Under what circumstances will the Department issue a conditional license?
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How does a treatment facility renew, amend, or terminate its license?
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What kinds of inspections and surveys might there be for licensure determination?
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How can a facility prepare for inspections, on-site reviews, and surveys?
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What happens if the Department identifies problems during an inspection or survey?
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Under what circumstances will the Department deny, suspend, reduce, revoke, or terminate licensure?
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Under what circumstances will the Department seek an injunction against a facility?
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Under what circumstances will the Department issue financial penalties to a facility?
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What kinds of information must a licensed facility submit to the Department?
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What personnel policies must a licensed substance abuse facility maintain?
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What kinds of internal policies and procedures must a licensed substance abuse facility have?
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What special policies and procedures must be in place to address medical care provided by licensed facilities?

Both residential and outpatient facilities must have medical staff bylaws, along with written medical policies developed by the medical director in conjunction with the medical staff. The written medical policies and bylaws must include, but need not be limited to, the following:

  1. A plan for medical staff meetings that are documented by minutes;
  2. A procedure for reviewing credentials and delineating qualifications of medical staff, appointments and reappointments, evaluation of medical care and the granting, denial, curtailment, suspension, or revocation of medical staff privileges;
  3. Specifications for verbal and telephone orders, including the identification of the licensed medical staff authorized to give and receive verbal and telephone orders;
  4. A system for completion of entries in client clinical records by members of the medical staff, including specification of a time limit for completion of the clinical record, which must not exceed 30 days following a client's last treatment or discharge; and
  5. For those facilities serving women and dependent children, a plan for ensuring that the needs of the children, as well as the mothers, are adequately assessed and met during treatment.

Outpatient facilities must also have written medical policies and bylaws that cover the identification of the program's quality assurance plan for medical and nursing services and medical staffing patterns.

Facilities with pharmacies must have specific written policies and procedures concerning the provision of those services. The written documents must specify the qualifications and responsibilities of the pharmacist, including individuals who serve as a pharmacist on a consultant basis. Such procedures must be included in a written affiliation agreement between the facility and the pharmacist. The pharmacy-related policies should include documented inspections of all areas of the facility where medications are dispensed, administered, or stored, and education of clients and staff concerning medications including self-administration.

Regardless of whether the facility provides its own pharmaceutical services, facilities must have written policies and procedures dealing with the administration of medication. The written policies and procedures must be designed to ensure that medication in the correct strength and dosage and at the correct time intervals is administered to the correct client through the prescribed route of administration. Facilities are required to keep medications in locked storage areas and in a secured area when not in use.

Both residential and outpatient facilities' policies and procedures must ensure a method of tracking the line of possession of the medications while in the facility and describe the facilities' plan to ensure the adequate maintenance of supplies, including at least the following:

  1. Methods for procuring medications on a routine basis, in emergencies and in the event of disaster;
  2. Stocking and maintenance of emergency kits and carts, including:
  3. Acceptable methods for ordering medications must be consistent with the following:
    1. Orders shall be in writing and specify the name and strength of the medication, dose, frequency and route of administration;
    2. Orders shall be signed and dated by the prescriber;
    3. Verbal orders and telephone orders shall be written and countersigned by authorized medical personnel issuing the verbal order or telephone within 72 hours of the original order; and
    4. Special requirements for prescribing or dispensing controlled drugs shall be noted on the prescription and in the client's clinical record;
  4. Administration of medication, including establishment of the times for administration of medication prescribed;
  5. When self-administration is permitted at the facility, the self-administration process must include:
    1. A prohibition on self-administration of medication, except upon a written order of the prescriber;
    2. Storage and labeling of medications, including directions for use and appropriate cautionary and/or warning messages;
    3. Methods for documenting self-administration of medication in the client's clinical record and medication administration record along with signature and date of staff observing self-administration;
    4. Individualized client medication administration record;
    5. Training and education of clients and staff in self-administration and the safe use of medications including procedures for self-administration off-site (examples include field trips, outings away from the facility, etc.);
    6. Identification of staff trained and authorized to observe self-administration; and
    7. Establishment of precautions against clients sharing their medications with one another;
  6. Procedures for documenting and reporting adverse medication reactions, medication errors, and medication defects;
  7. Discontinuation of medication orders, including:
    1. The length of time medication orders may be in effect for medications and solutions that are not specifically limited as to duration of use or number of doses when ordered;
    2. A process for notifying the prescriber prior to the expiration of a medication order to ensure that the medication for the specific client is discontinued if no specific renewal is ordered; and
    3. Removal of discontinued medications within 30 days of the client's discharge;
  8. Standards for the purchase, storage, safeguarding, accountability, use and disposal of medications;
  9. Standards for the procurement, storage, use and disposal of needles and syringes in accordance with state laws;
  10. Standards for the control of medications consistent with applicable federal and state laws, including:
    1. Provisions for a verifiable record system for controlled medication;
    2. Procedures to be followed when inventories of controlled medications cannot be verified, medications are lost, contaminated, unintentionally wasted or destroyed, including a written report of the incident signed and dated by the individuals involved and any witnesses; and
    3. Procedures for the intentional wasting of controlled medications, including the disposal of partial doses, including written documentation of the event signed by the individual responsible for the intentional wasting of the medication and an individual assigned to witness the event;
  11. Maintenance of a record of each onsite prescriber's federal Drug Enforcement Administration ("DEA") numbers and state Controlled Dangerous Substance registration numbers; and
  12. Data to be maintained on each medical unit, including:
    1. A list of abbreviations, metric conversion charts and chemical symbols, subject to approval by the medication staff;
    2. Specific information on medications and other drugs, including indications, contraindications, actions, reactions, interactions, cautions, precautions that should be taken, toxicity, and dosages; and
    3. Antidote information and the telephone number of the state Poison Information and Education System Center 1-800-POISON-1.

Facilities providing medical and/or nursing services must establish policies and procedures regarding verbal and telephone orders from physicians or other licensed practitioners to include the following:

  1. Specifications of the circumstances under which verbal and telephone orders may be given and received;
  2. Limitations on verbal and telephone orders to emergency situations; and
  3. Written documentation of verbal and telephone orders shall be entered into the client's clinical record by medical staff authorized medical to receive such orders, and countersigned within 72 hours of the original order by the physician or medical staff issuing the verbal or telephone order.

In addition, there are numerous requirements applicable to medication-assisted treatment, as discussed in the section dedicated to that subject matter below.

What emergency protocols must be in place?
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What notices must a licensed substance abuse treatment facility post?
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What are the requirements for client records for licensed substance abuse facilities?
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What kind of governance must a licensed substance abuse facility have?
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What are the requirements for a treatment facility's quality assurance program?
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How must a licensed facility handle client transportation?
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How must a licensed facility handle infection prevention and control?
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Zoning and Land Use

A list of rules and regulations for New Jersey with regards to zoning. Click on the appropriate question to expand for more information.

What are the protections afforded to facilities and homes used for the purpose of substance abuse treatment?
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Are there any proximity restrictions regulating how close treatment centers may be to each other? Can an operator open a residential treatment center right next to one that is already there?
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What are the physical plant requirements for treatment facilities?
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What are the basic sanitation and safety requirements for treatment facilities?
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Care, Treatment, and Services

A list of rules and regulations for New Jersey with regards to care, treatment, and services. Click on the appropriate question to expand for more information.

What procedures and standards must a facility develop for preadmission and admission?
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What information must be disclosed to the client during intake and what must a licensed facility put in its admissions agreement?
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How does a facility decide whether a client meets criteria for placement in a particular level of care?
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What staffing must be offered at each level of care?
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What are the requirements related to each type of staff member's qualifications and responsibilities?
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What training requirements are required for staff?
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What rules apply to volunteers at facilities?
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Requirements by Program Type
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What services must be offered by outpatient programs?
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What are the requirements of a client assessment?
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What must be included in an individual treatment plan?
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What must be considered in continuum of care planning?
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What rights are guaranteed to clients?
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What policies and procedures must be in place to address client care at residential treatment facilities?
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What policies and procedures must be in place to address behavior management?
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What termination and discharge policies need to be in place?
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What grounds are needed in order to dismiss a client from a program?
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If a facility needs to discharge a client that relapsed, is the facility at risk if the client overdoses tonight? If so, how can the facility protect itself?
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What needs to be done if a client dies while in treatment?
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How must clients' privacy be protected?
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What rules govern medically-monitored detoxification programs in residential facilities?
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What rules govern medical services in outpatient facilities?
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What are the requirements to operate an opioid treatment facility?
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What special policies and procedures must be in place at an opioid treatment program?
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What assessments must be done for a client in an opioid treatment program?
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What services must be provided to clients of opioid treatment programs?
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What rules apply to take-home medication for opioid treatment program clients?
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How can an opioid treatment facility discharge a client?
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Payment and Marketing

A list of rules and regulations for New Jersey with regards to payment and marketing. Click on the appropriate question to expand for more information.

What payment policies must be in place at licensed facilities?
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How can a facility respond to clients who are unable to pay the required deductibles? Can the facility waive a program participant's financial responsibility?
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What are the key issues insurers raise to demand recoupment of fees from chemical dependency treatment programs?
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What marketing practices are prohibited?
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What are the limits of gift giving to potential referral sources?
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What kind of benefits can a facility offer existing or new clients?
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Recovery Residences

A list of rules and regulations for New Jersey with regards to recovery residences. Click on the appropriate question to expand for more information.

What are recovery residences?
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Is license or certification required to open recovery residences?
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How can recovery residences demonstrate their commitment to meeting minimum quality standards?
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What kind of services can recovery residences offer?
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Zoning & Land Use: What are the protections afforded by federal law to small group homes used for the purpose of sustained recovery?
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Can local governments put special restrictions on recovery residences?
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What other aspects should an operator consider before choosing a location for a recovery residence?
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What are the obligations to residents for operators of recovery residences?
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What kind of agreement should recovery residences ask residents to sign?
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Can a recovery insist on drug tests and searches?
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Can recovery residences bill insurance for required and/or random drug testing?
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Can recovery residences make clients' obligations contractually enforceable?
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What kind of ownership and staffing structures are common with recovery residences?
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Are there any other organizations from which recovery residences operators could find more information?
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Reminder:

The information provided in this FAQ is intended to provide general information only and does not constitute legal counsel or advice. Members are encouraged to seek their own independent legal counsel to establish compliant policies, procedures, and programs.

Members must log in to see the full answer and download the forms.

Members log in to see the answer. Members Login | Join Today

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