N.J. Admin. Code § 10:161B-2.3

Current through Register Vol. 57, No. 1, January 6, 2025

Section 10:161B-2.3 - Application requirements

(a) Any person, organization, or corporation applying for a license to operate an outpatient substance use disorder treatment facility shall specify the services in N.J.A.C. 10:161B-2.1(j) the facility seeks to provide on the application.

(b) No facility or program shall admit clients until the facility or program has a license by DCN&L to operate the specific modality or modalities of treatment as referenced at N.J.A.C. 10:161B-2.1(j).

(c) Survey and other site visits may be made to a facility at any time by authorized DCN&L staff. Such visits may include, but not be limited to, the review of all facility documents, client records, and conferences with clients. Such visits may be announced or unannounced.

(d) As of June 1, 2009, upon annual renewal of its current license, each program shall specify the types of services to be provided, including if the program wishes to change the specification of services on the license.

(e) If a program adds any service listed at N.J.A.C. 10:161B-2.1(j) during the annual licensure period, the program shall submit an application to DCN&L for an amended license as well as adhere to all applicable local, State, and Federal approvals prior to providing the additional service. An amended license shall be based upon compliance with this chapter, and may be contingent upon an onsite inspection by representatives of DCN&L. Opioid treatment and detoxification services shall not be added during the license period without amending the license application.

(f) The applicant shall indicate on its application if a program is new or otherwise innovative, not fitting any of the categories specified in N.J.A.C. 10:161B-2.1(j), and shall then submit a complete program description with the application, including, at a minimum, the following:

1. The target population, including number of clients to be served;

2. A detailed explanation of the services to be offered;

3. The frequency of counseling sessions;

4. The criteria and/or credentialing for staff;

5. The relationship to existing programs provided by the applicant;

6. The number of clients to be served at each facility and/or, if a new application, a projection of the number of clients to be served at each facility;

7. A proposed treatment category or modality of treatment; and

8. Documentation to demonstrate that the new and or innovative program is effective, safe and provides services that do not violate patient rights.

(g) DCN&L shall determine if the new and/or innovative program is effective, safe, and does not violate client rights, and if licensure is granted, shall determine whether the licensed program is approved, in part or whole.

(h) The applicant shall submit documentation of the ownership or lease agreement of the physical plant and/or property of the facility.

(i) The applicant shall provide a detailed history of operating any addiction treatment programs in this State or elsewhere, with operational data separated by program, including the following categories:

1. The results of full background checks, any criminal convictions or any sanctions by any State licensing or certification board against any principals, board members, employees or volunteers of the program;

2. Construction and maintenance of the physical plant(s) and equipment;

3. Staffing patterns, criteria and/or credentials thereof, including contract arrangements with outside agencies;

4. Composition and criteria, the code of ethics and conflict of interest standards for any principals, board members and governing bodies;

5. Standards for engaging all principals and management staff;

6. Policies, standard operating procedures and/or institutional rules applicable to the operation of the outpatient substance use disorder program(s);

7. State or local rules applicable to the licensing and day-to-day operation of the program(s), when located outside New Jersey; and

8. A record of penalties or fines assessed against the program(s) and its ownership relative to the operation of the program(s) by any national, state, county, or local agency or court of competent jurisdiction, survey results and plans of correction, if any, resulting from accrediting authorities, which may reasonably be considered relevant to the safety of clients of a program and the community in which it is located.

N.J. Admin. Code § 10:161B-2.3

Amended by 48 N.J.R. 2791(a), effective 12/19/2016

Amended by 55 N.J.R. 2346(a), effective 11/20/2023