N.J. Admin. Code § 8:111-2.5

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:111-2.5 - Review and approval of a license application

(a) The applicant or the Division may request a preliminary review meeting to discuss the applicant's proposed facility, which shall provide the applicant with an opportunity for technical assistance regarding the necessity, feasibility, requirements, costs, and benefits of applying for a license.

(b) Following receipt of an application, the Division shall review it for completeness, and shall confirm its receipt of relevant fees as set forth at N.J.A.C. 8:111-2.1. If the Division deems that the application is incomplete, it shall notify the applicant in writing of any missing information.

1. The applicant shall be permitted to supply any missing information in the application to the Division within 30 working days of notification. If the application remains incomplete after six months have elapsed since the issuance pursuant to (b) above of the written incompleteness notice, the Division shall deny the application as incomplete and the applicant may reapply after 30 days. The Division shall not consider any application until it deems the application to be complete.

(c) Once the application is deemed complete, the Division shall review it to determine whether the applicant meets the licensing criteria to operate a facility and whether the facility is safe as demonstrated by the information contained in the application. The Division, at its discretion, may consider information obtained from other State agencies and/or agencies in other states, in determining whether to license the facility.

1. Within 30 days of receiving an application, the Division shall schedule a meeting to conduct a functional review, in accordance with (a) above, with the applicant to explore and define the facility concept, including feasibility and need for proposed services.

2. If the Division does not schedule a functional review meeting within 30 days of receiving an application, the applicant can request one in writing.

3. Within 30 working days after receiving notification from the applicant that the building is ready for occupancy, the Division shall schedule a survey of the proposed facility to determine if the facility complies with this chapter.

i. Within 45 days after completion of the survey required in this paragraph, the Division shall notify the applicant in writing of the findings of the survey, including any deficiencies.

ii. If the Division documents deficiencies, it shall schedule additional surveys of the residential substance use disorders treatment facility upon notification from the applicant that the documented deficiencies have been corrected. The Division shall schedule additional surveys to occur within 15 working days after receipt of the applicant's notification that the documented deficiencies have been corrected.

(d) The Division shall approve a complete application for licensure if:

1. The Division is satisfied that the applicant and its description of the physical plant, finances, hiring practices, management, ownership, operational, and treatment procedures and history of prior operations, if any, are in substantial compliance with this chapter and will adequately provide for the life, safety, health, or welfare of the clients and/or their families.

i. If applicable, the new or otherwise innovative facility of the type at N.J.A.C. 8:111-2.3(f)does not present significant risk of harm to the life, safety, health, or wellbeing of the clients and the applicant demonstrates that the facility is reasonably within the bounds of accepted practice;

2. Surveys of the facility document no deficiencies or document adequate correction of all previously noted deficiencies;

3. The applicant has provided the Division written approvals for the facility from the local zoning, fire, health, and building authorities. When seeking local approvals, any residential substance use disorders treatment facility, providing opioid treatment and opioid detoxification or other detoxification where prescription drugs will be dispensed, shall specifically notify the municipality in which the facility is to be located of the full scope of services to be provided therein. Notification to the municipality shall include notification to appropriate and relevant local authorities and/or officials; and

4. The applicant has provided the Division with written approvals for the facility from the local authorities or local official for any water supply and sewage disposal systems not connected to an approved municipal system.

(e) In no instance shall any applicant admit clients to the facility until the Division issues a license to the applicant for the facility. Any client admissions to the applicant's residential treatment facility prior to the issuance of licensure shall be considered unlicensed admissions and the Division shall take all appropriate enforcement actions in response thereto.

N.J. Admin. Code § 8:111-2.5

Amended and recodified from 10:161A-2.5 53 N.J.R. 2208(a), effective 12/20/2021