N.J. Admin. Code § 8:121-1.1

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:121-1.1 - Scope and purpose

(a) The purpose of this subchapter is to establish licensure and fee requirements applicable to certain providers of community mental health services.

(b) No mental health program shall operate, unless it is licensed by the Commissioner of the Department of Health as a mental health program and has a purchase of service contract or an affiliation agreement with the Division of Mental Health and Addiction Services or is licensed by the Commissioner of the Department of Health as a health care facility.

1. A mental health program licensed by the Department shall be subject to the provisions of this chapter, including regulatory standards compliance inspections by the Department.

2. "Mental health program" means a program of mental health services not licensed by the Department as a health care facility and which is subject to rules adopted by the Department and is provided by either:

i. An agency which has a purchase of service contract or affiliation agreement with the Division;

ii. A mental health clinic as defined by the Division of Medical Assistance and Health Services (DMAHS) at N.J.A.C. 10:66-1 and 2.5; or

iii. An entity which provides outpatient, ambulatory, or other nonresidential, non-inpatient mental health service(s).

3. Mental health program(s) may be public or private, incorporated or unincorporated, and for profit or not for profit.

4. Provisions of this chapter shall not apply to:

i. Licensure provisions regarding supervised residences for adults with mental illness which can be found at N.J.A.C. 10:37A;

ii. Licensed, independent practitioner(s), including group practices;

iii. Screening and screening outreach programs designated pursuant to 30:4-27.4 and N.J.A.C. 10:31;

iv. Programs providing specialized services, some of which may be similar in nature to those that are the subject of this chapter, but are designed to primarily address problems of alcoholism or substance abuse disorders, organic brain syndromes, developmental disabilities, medical conditions, or victim-related conditions, such as domestic violence or rape;

v. Counseling services provided by clergy of any faith-based denomination of an established and legally cognizable church denomination or sect within the scope of the person's ministerial duties; and

vi. A mental health program licensed by the Department as a health care facility, provided that each site of such program holds a separate Department license or is specified on the main facility's Department license.

(c) The primary purposes of licensure by the Department are to assure that programs for mental health services:

1. Meet the standards set by the Department;

2. Are safe for participants;

3. Protect consumers' rights; and

4. Have staff who meet minimum educational and experience qualifications.

(d) A license specific to each separate site shall be issued for every mental health program and shall be conspicuously posted at that site, so as to identify the mental health program and its address.

N.J. Admin. Code § 8:121-1.1

Adopted and Recodified from 10:190-1.1 53 N.J.R. 2008(a), effective 12/6/2021