N.J. Stat. tit. 26, ch. 2G

in effect

N.J. Stat. § 26:2G-1 Short title; purpose.

1. The act shall be known and may be cited as the "Narcotic and Drug Abuse Control Act of 1969." It shall be the purpose and intent of this act to establish a single agency capable of unifying all efforts in a comprehensive program to control drugs, the use of which may cause a substance use disorder, and to combat the effects of substance use disorders involving drugs. L.1969, c.152, s.1; amended 2017, c.131, s.85.

N.J. Stat. § 26:2G-2 Division of narcotic and drug abuse control; establishment; division defined

There is hereby established in the Department of Health a division which shall be known as the Division of Narcotic and Drug Abuse Control. As used in this act, unless the context clearly indicates otherwise, the word "division" means the Division of Narcotic and Drug Abuse Control established herein. L.1969, c. 152, s. 2.

N.J. Stat. § 26:2G-3 Certain functions, powers, duties transferred.

3. All the functions, powers, and duties of the Commissioner of Human Services and the Commissioner of Community Affairs, in regard to the prevention and control of substance use disorders and the diagnosis, treatment, rehabilitation, and aftercare of persons with substance use disorders are hereby transferred to and vested in the Director of the Division of Mental Health and Addiction Services in the Department of Human Services. All functions, powers, and duties of the Commissioner of Health in regard to the manufacture, sale, distribution, possession, and use of narcotic, depressant, and stimulant drugs are hereby delegated to the Director of the Division of Mental Health and Addiction Services in the Department of Human Services. L.1969, c.152, s.3; amended 2017, c.131, s.86.

N.J. Stat. § 26:2G-4 Director of narcotic and drug abuse control; appointment

The administrator and head of the division shall be a director, who shall be known as the Director of Narcotic and Drug Abuse Control, and who shall be a person qualified by training and experience to perform the duties of his office. The director shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the director's successor. The director shall receive such salary as shall be provided by law. L.1969, c. 152, s. 4.

N.J. Stat. § 26:2G-5 Additional powers of director.

5. The director, as head of the division, shall have all of the functions, powers and duties heretofore vested in the Commissioner of Human Services, and the Commissioner of Community Affairs when either commissioner was acting with regard to the prevention and control of substance use disorders involving drugs and the treatment of persons with substance use disorders involving drugs and also, all the functions, powers and duties vested in the Commissioner of Health by the "New Jersey Controlled Dangerous Substance Act," P.L.1970, c.226 (C.24:21-1 et seq.); and shall, in addition to the functions, powers, and duties vested in the commissioner by this act or by any other law: a. To survey and analyze the State's need and formulate a comprehensive plan for the long-range development, through the utilization of federal, State, local, and private resources, of adequate services and facilities for the prevention and control of substance use disorders involving drugs and the diagnosis, treatment, and rehabilitation of persons with substance use disorders involving drugs, and from time to time to revise such plan. b. To promote, develop, establish, co-ordinate, and conduct unified programs for education, prevention, diagnosis, treatment, aftercare, community referral, rehabilitation, and control in the field of substance use disorders involving drugs, based on the comprehensive plan formulated under paragraph a. of this section, and, in co-operation with such other Federal, State, local, and private agencies as are necessary and within the amount made available by appropriation therefor implement and administer such programs. c. To direct and carry on basic, clinical, epidemiological, social science, and statistical research in substance use disorders involving drugs either individually or in conjunction with other agencies, public or private and, within the amount made available by appropriation therefor, develop pilot programs. In pursuance of the foregoing and notwithstanding any other provision of law, the director is empowered to establish, direct, and carry on experimental pilot clinic programs for the treatment of substance use disorders involving drugs and of the condition of persons with substance use disorders involving drugs. d. To provide education and training in prevention, diagnosis, treatment, rehabilitation, and control of substance use disorders involving drugs for medical students, physicians, nurses, teachers, social workers, and others with responsibilities for persons with substance use disorders involving drugs, either alone or in conjunction with other agencies, public or private. e. To provide public education on the nature and results of substance use disorders involving drugs and on the potentialities of prevention and rehabilitation in order to promote public understanding, interest, and support. f. To disseminate information relating to public and private services and facilities in the State available for the assistance of persons with substance use disorders involving drugs and persons with potential substance use disorders involving drugs. g. To gather information and maintain statistical and other records relating to persons with substance use disorders involving drugs and substance use disorders involving drugs in the State. It shall be the duty of every physician, dentist, veterinarian, or other person who is authorized to administer or professionally use narcotic, depressant, or stimulant drugs, or hospitals, clinics, dispensaries, or persons authorized to dispense narcotic, depressant, or stimulant drugs and all public officials having duties to perform with respect to such drugs or users of such drugs to report and supply such information in relation thereto as the director shall by rule, regulation, or order require. h. To submit to the Governor, the Legislature and the Commissioner of Health an annual report of the division's operations and specific recommendations pertaining to matters within the scope of its jurisdiction in proper bill form not later than January 15 of each year. i. To provide psychiatric, medical and psychological services to the Department of Human Services and similar agencies of the political subdivisions of the State with respect to prisoners and parolees who have or had at any time a substance use disorder involving drugs. j. With the approval of the Governor, to accept as agent of the State any gift, grant, devise, or bequest, whether conditional or unconditional, for any of the purposes of P.L.1969, c.152 (C.26:2G-1 et seq.). Any moneys so received may be expended by the director to effectuate any purpose of P.L.1969, c.152 (C.26:2G-1 et seq.) subject to the same limitations as to approval of expenditures and audit as are prescribed for State moneys appropriated for the purposes of P.L.1969, c.152 (C.26:2G-1 et seq.). k. To make agreements with the federal government, political subdivisions, public agencies or private agencies to do or cause to be done that which may be necessary, desirable or proper to carry out the purposes and objectives of this article within the amounts made available therefor by appropriation, gift, grant, devise, or bequest. l. To control and regulate the manufacture, sale, distribution, possession, and use of narcotic, depressant, and stimulant drugs in accordance with the provisions of this act and chapter 18 of Title 24 of the Revised Statutes. m. To prescribe, amend, and rescind rules and regulations to effectuate the purposes of P.L.1969, c.152 (C.26:2G-1 et seq.). L.1969, c.152, s.5; amended 2017, c.131, s.87.

N.J. Stat. § 26:2G-6 Organization of division; rules and regulations

(a) The director shall organize the division and establish therein such bureaus and subordinate organizational units as he may deem necessary and expedient. He may formulate and adopt rules and regulations and prescribe duties for the efficient conduct of the business work and general administration of the division, its officers and employees. In addition the director may delegate to subordinate officers or employees in the division such of his powers as he may deem desirable, to be exercised under his supervision and direction. (b) The director shall designate any officer or employee in the department to perform all of the powers, functions and duties of the director during the absence or disability of the director. Such designation shall be subject to the approval of the Governor, and the Commissioner of Health, and shall be in writing and filed with the Secretary of State. In the event that the director shall die, resign or be removed from his office or become disqualified to execute the duties of his office or a vacancy shall occur in the office of director for any cause whatever, the person designated as aforesaid shall have and exercise the powers and perform the functions, powers and duties of the director until the successor of the director is appointed and shall qualify. L.1969, c. 152, s. 6.

N.J. Stat. § 26:2G-7 Federal grants

The director may apply for and accept on behalf of the State any grants from the Federal Government or any agency thereof, or from any foundation, corporation, association or individual, and may comply with the terms, conditions and limitations thereof, for any of the purposes of the division. Any money so received may be expended by the division, subject to any limitations imposed in such grants to effect any of the purposes of the division, as the case may be, upon warrant of the Director of the Division of Budget and Accounting of the Department of the Treasury on vouchers certified and approved by the director. The power herein granted shall be in addition to and shall in no way limit the authority granted to the director by other existing law. L.1969, c. 152, s. 7.

N.J. Stat. § 26:2G-8 Appropriations

All appropriations and other moneys available and to become available to any department, division, bureau or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Division of Narcotic and Drug Abuse Control, are hereby transferred to the Division of Narcotic and Drug Abuse Control established hereunder, and shall be available for the objects and purposes for which appropriated, subject to any terms, restrictions, limitations or other requirements imposed by State or Federal law. L.1969, c. 152, s. 8.

N.J. Stat. § 26:2G-9 Transfer of certain employees to division of narcotic and drug abuse control

Such employees of any department, commission, council, board, authority, office or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Division of Narcotic and Drug Abuse Control or to any office, authority or agency designated, continued or constituted therein, as the Director of Narcotic and Drug Abuse Control may determine are needed for the proper performance of the functions and duties imposed upon the Division of Narcotic and Drug Abuse Control, or such office, authority or agency therein, are hereby transferred to the department, division, office, authority or agency to which such functions, powers and duties have been herein assigned or transferred. L.1969, c. 152, s. 9.

N.J. Stat. § 26:2G-10 Civil service, pension and retirement protected

Nothing in this act shall be construed to deprive any person of any tenure rights or of any right or protection provided him by Title 11, Civil Service, of the Revised Statutes, or under any pension law or retirement system. L.1969, c. 152, s. 10.

N.J. Stat. § 26:2G-11 Transfer of certain files, books, papers, records and equipment to division of narcotic and drug abuse control

All files, books, papers, records, equipment and other property of any department, commission, council, board, office, authority or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Division of Narcotic and Drug Abuse Control or to any office, authority or agency designated, continued or constituted hereunder, shall upon the effective date of this act be transferred to the department, division, office, authority or agency to which such assignment or transfer has been made hereunder. L.1969, c. 152, s. 11.

N.J. Stat. § 26:2G-12 Orders, rules and regulations heretofore made not affected by this act

This act shall not affect the orders, rules and regulations heretofore made or promulgated by any department, commission, council, board, authority, officer or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Division of Narcotic and Drug Abuse Control or to any officer, authority or agency designated, continued or constituted hereunder; but such orders, rules and regulations shall continue with full force and effect until amended or repealed pursuant to law. L.1969, c. 152, s. 12.

N.J. Stat. § 26:2G-13 Actions or proceedings not affected by this act

This act shall not affect actions or proceedings, civil or criminal, brought by or against any department, commission, council, board, authority, officer or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Division of Narcotic and Drug Abuse Control or to any officer, authority or agency designated, continued or constituted hereunder, and pending on the effective date of this act, but such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by the department, division, office, authority or agency to which such assignment or transfer has been made hereunder, as if the foregoing provisions had not taken effect; nor shall any of the foregoing provisions affect any order or recommendation made by, or other matters or proceedings before, any department, commission, council, board, officer, authority or agency, the functions, powers and duties of which have been herein assigned or transferred to the Division of Narcotic and Drug Abuse Control or to any officer, authority or agency designated, continued or constituted hereunder, and all such matters or proceedings pending before such department, commission, council, board, officer, authority or other agency on the effective date of this act shall be continued by the department, division, officer, authority or agency to which such assignment or transfer has been made hereunder, as if the foregoing provisions had not taken effect. L.1969, c. 152, s. 13.

N.J. Stat. § 26:2G-14 Applications or requests; filing

Unless specifically otherwise provided in this act or by any operative law, whenever, pursuant to existing law, reports, certifications, applications or requests are required or permitted to be made to the department, board, division, commission, office or officer, whose powers and duties are herein assigned or transferred, such reports and certifications shall hereafter be required to be filed with, and such applications or requests shall hereafter be made to, the department, division, officer or agency to which such assignment or transfer has been made hereunder. L.1969, c. 152, s. 14.

N.J. Stat. § 26:2G-15 Repeal of inconsistent acts

All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, hereby repealed. L.1969, c. 152, s. 15.

N.J. Stat. § 26:2G-16 Partial invalidity

If any provision of this act or the application thereof to any person or circumstances or the exercise of any power or authority thereunder is held invalid or contrary to law, such holding shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or applications or affect other exercises of power or authority under said provisions not contrary to law, and to this end the provisions of this act are declared to be severable. L.1969, c. 152, s. 16.

N.J. Stat. § 26:2G-21 Narcotic and drug abuse treatment centers; public policy

It is declared to be the public policy of this State to provide for the development, establishment and enforcement of basic standards to insure safe care and adequate treatment of individuals in narcotic and drug abuse treatment centers, as hereinafter defined. L.1970, c. 334, s. 1, eff. Dec. 29, 1970.

N.J. Stat. § 26:2G-22 Definitions.

2. As used in this act: "Commissioner" means the Commissioner of Health. "Narcotic drug" means any narcotic, drug, or dangerous controlled substance, as defined in any law of the State of New Jersey or of the United States. "Patient" means a person with a substance use disorder, or who otherwise has a physical or mental impairment from the use of narcotic drugs and who requires continuing care of a substance use disorder treatment center. "Substance use disorder treatment center" means any establishment, facility or institution, public or private, whether operated for profit or not, which primarily offers, or purports to offer, maintain, or operate facilities for the residential or outpatient diagnosis, care, treatment, or rehabilitation of two or more nonrelated individuals, who are patients as defined herein, excluding, however, any hospital or mental hospital otherwise licensed by Title 30 of the Revised Statutes. L.1970, c.334, s.2; amended 2017, c.131, s.88; 2023, c.177, s.83.

N.J. Stat. § 26:2G-23 Certificate of approval; application.

3. No narcotic and substance use disorder treatment center shall operate within this State except pursuant to a certificate of approval obtained from the commissioner, upon application made therefor. Such application shall be made upon forms furnished by the commissioner, shall set forth the location of the narcotic and substance use disorder treatment center, the person in charge thereof, and the facilities for caring for patients who may seek treatment therein. The applicant shall be required to furnish evidence of its ability to comply with minimum standards established hereunder and of the good moral character of the applicant and the person in charge of the narcotic and substance use disorder treatment center. Any change in the facts set forth in the application shall be reported to the commissioner within 10 days after the occurrence thereof. L.1970, c.334, s.3; amended 2017, c.131, s.89.

N.J. Stat. § 26:2G-24 Investigation of applicant, facilities; issuance of certificate.

4. Upon receipt of an application for a certificate of approval, the commissioner shall cause an investigation to be made of the applicant and the facilities, and shall issue a certificate of approval if it is found that the applicant is of good moral character and that the facilities comply with the provisions of this act and with the regulations and standards required by the commissioner pursuant hereto. The certificate of approval shall not be transferable or assignable or applicable to any premises or proprietor other than those specified therein. The certificate shall be conspicuously displayed within the narcotic and substance use disorder treatment center at all times. L.1970, c.334, s.4; amended 2017, c.131, s.90.

N.J. Stat. § 26:2G-25 Rules, regulations, minimum standards for treatment.

5. The commissioner shall adopt, amend, promulgate and enforce such rules, regulations and minimum standards for the treatment of patients of narcotic and substance use disorder treatment centers as may be reasonably necessary to accomplish the purposes of P.L.1970, c.334 (C.26:2G-21 et seq.). Such narcotic and substance use disorder treatment centers may be classified into two or more classes with appropriate rules, regulations and minimum standards for each such class. No narcotic or drug abuse treatment center, transitional sober living home, halfway house, or other residential aftercare facility shall be permitted to deny admission to a prospective client on the basis that the person is currently receiving medication assisted treatment for a substance use disorder administered by a licensed treatment provider, including but not limited to methadone, buprenorphine, naltrexone, or any other medication approved by the Food and Drug Administration for the treatment of a substance use disorder. The rules and regulations adopted pursuant to this section shall, at a minimum, require a transitional sober living home, halfway house, or other residential aftercare facility to provide notice to a patient's spouse, parent, legal guardian, designated next of kin, or other designated emergency contact, whenever the patient voluntarily withdraws, or is involuntarily evicted from, such facility, provided that: (1) such notice is provided in a manner that is consistent with federal requirements under 42 CFR Part 2 and federal HIPAA requirements under 45 CFR Parts 160 and 164; and (2) the patient, if an adult, has not withheld consent for such notice or expressly requested that notification not be given. If a patient who is not incapacitated withholds consent for such notice, or expressly requests that notification not be given, the department shall require the patient's wishes to be respected unless the patient is a minor child or adolescent, in which case, the department shall require the minor's parent, legal guardian, designated next of kin, or other designated emergency contact to be notified, provided that such notification is not inconsistent with, and would not violate, federal requirements under 42 CFR Part 2 and federal HIPAA requirements under 45 CFR Parts 160 and 164. L.1970, c.334, s.5; amended 2015, c.284, s.2; 2017, c.131, s.91; 2017, c.256, s.1.

N.J. Stat. § 26:2G-25.1 Database relative to availability of beds in residential substance use disorders treatment facilities.

1. a. The Division of Mental Health and Addiction Services in the Department of Human Services shall oversee the development and maintenance of a database, which shall collect and track the daily information received pursuant to section 2 of this act about the number of open beds that are available for treatment in each residential substance use disorders treatment facility in the State that receives State or county funding. b. The information maintained in the database shall include, by county: (1) the address and telephone number of the residential substance use disorders treatment facility; (2) the type of services provided by the facility; (3) the licensed bed capacity of the facility; and (4) the number of open beds that are available for treatment, based on the information received pursuant to section 2 of this act. c. The information described in subsection b. of this section shall be: (1) prominently displayed on the website of the department; (2) made available to the public, upon request, through the addictions telephone hotline and the Statewide 2-1-1 telephone system; and (3) made available using any other means that the Commissioner of Human Services deems appropriate. d. The commissioner is authorized to solicit, receive, and accept grants, funds, or anything of value from any public or private entity and receive and accept contributions of money, property, labor, or any other thing of value from any legitimate source for the purpose of the development and maintenance of a database pursuant to this act. L.2015, c.293, s.1.

N.J. Stat. § 26:2G-25.2 Submission of information for publication on database.

2. Each residential substance use disorders treatment facility in the State that receives State or county funding shall submit to the database developed and maintained pursuant to section 1 of this act, no less than once a day, information advising of the number of open beds that are available for treatment on that day. L.2015, c.293, s.2.

N.J. Stat. § 26:2G-26 Inspection

The commissioner shall make or cause to be made such inspection of the premises, for which a certificate of approval has been issued, from time to time, as he may deem necessary to be assured that the holder thereof and the premises comply at all times with the provisions of this act and the rules and regulations promulgated, and the minimum standards established hereunder. L.1970, c. 334, s. 6, eff. Dec. 29, 1970.

N.J. Stat. § 26:2G-27 Denial, revocation or suspension of certificate of approval; notice; hearing; order; appeal

The commissioner after a hearing may deny, revoke, or suspend any certificate of approval granted under authority of this act to any person, firm, partnership, corporation or association violating the provisions hereof or the rules and regulations promulgated hereunder. Notice of the pending revocation, suspension, or denial of a certificate of approval together with a specification of charges shall be sent to the applicant or holder of a certificate of approval by registered mail and the notice shall set forth the particular reasons for the denial, suspension, or revocation of the license. Such denial, suspension, or revocation shall become effective 30 days after mailing, unless the applicant or holder of a certificate of approval, within such 30-day period shall meet the requirements of the commissioner, or shall give written notice to the commissioner of its desire for a hearing, in which case the denial, suspension, or revocation shall be held in abeyance until the hearing has been concluded and a final decision rendered; provided, however, that such applicant or holder of a certificate of approval may appeal from such denial, suspension, or revocation, to any court having jurisdiction of such matters. The commissioner shall arrange for prompt and fair hearings on all such cases, render written decisions stating conclusions and reasons therefor upon each matter so heard, and is empowered to enter orders of denial, suspension, or revocation consistent with the circumstances in each case. L.1970, c. 334, s. 7, eff. Dec. 29, 1970.

N.J. Stat. § 26:2G-28 Unauthorized operation of treatment center; penalties; action to recover penalty.

8. Any person, firm, corporation, partnership, society or association who shall operate or conduct a narcotic and substance use disorder treatment center without first obtaining the certificate of approval required by this act, or who shall operate such establishment after revocation or suspension of a certificate of approval, shall be liable to a penalty of $25 for each day of operation in violation hereof for the first offense and for any subsequent offense shall be liable to a penalty of $50 for each day of operation in violation hereof. The penalties authorized by this section shall be recovered in a summary proceeding instituted by the Attorney General, at the request of the commissioner, pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Money penalties, when recovered, shall be payable to the General State Fund. L.1970, c.334, s.8; amended 2017, c.131, s.92.

N.J. Stat. § 26:2G-29 Unauthorized operation of treatment center; injunction.

9. The commissioner may, in the manner provided by law, maintain an action in the name of the State of New Jersey for injunctive relief against any person, firm, corporation, partnership, society or association, continuing to conduct, manage, or operate a narcotic and substance use disorder treatment center without a certificate of approval, or after suspension or revocation of such certificate. L.1970, c.34, s.9; amended 2017, c.131, s.93.

N.J. Stat. § 26:2G-30 Date of compliance for treatment center in operation at time of promulgation of rules and regulations

Any facility for which a certificate of approval is required which is in operation at the time of promulgation of rules and regulations and minimum standards hereunder shall obtain such certificate and comply with such rules and regulations and minimum standards within 90 days after promulgation. L.1970, c. 334, s. 10, eff. Dec. 29, 1970.

N.J. Stat. § 26:2G-31 Public policy.

1. It is declared to be the public policy of this State that the prevention of substance use, substance use disorders and the treatment and rehabilitation of persons with substance use disorders is a matter of grave concern to the people of the State and requires that a comprehensive program be established to provide the broadest spectrum of medical and community services possible for local treatment and counseling facilities on a Statewide basis. Further, this Statewide effort must avoid divisiveness, organizational uncertainty, unnecessary duplication of efforts and unproductive controversy and, therefore, will require coordination and supervision of local operations through strategically placed regional centers, all to be administered through the Division of Mental Health and Addiction Services in the Department of Human Services. L.1971, c.128, s.1; amended 2017, c.131, s.94.

N.J. Stat. § 26:2G-32 Definitions

As used in this act: (a) "Commissioner" means the Commissioner of the New Jersey State Department of Health, or the person specifically designated by him to perform his functions and duties pursuant to this act. (b) "System" means the Statewide system of Drug Abuse Treatment and Counseling Clinics established hereunder. L.1971, c. 128, s. 2, eff. July 1, 1971.

N.J. Stat. § 26:2G-33 Establishment; administration; outreach offices

The Commissioner of the Department of Health shall establish a Statewide system of Drug Abuse Treatment and Counseling Clinics. The system shall be administered by the commissioner through regional centers organized to supervise and coordinate the operation of clinics in certain areas. Outreach offices may also be established to assist the clinics in their operation. The number and location of such clinics, regional centers and outreach offices shall be as the commissioner determines after appropriate study. L.1971, c. 128, s. 3, eff. July 1, 1971.

N.J. Stat. § 26:2G-34 Program of medical and community services.

4. The clinics, regional centers, and outreach offices established hereunder shall provide a complete program of medical and community services in connection with all aspects of substance use, substance use disorder, and related problems, including, but not by way of limitation, the following: educational programs; confidential drug counseling; vocational guidance and job placement; psychiatric, psychological, and social case work services; induction and outreach services; 24-hour telephone emergency capability; urine monitoring; detoxification; methadone maintenance; individual and community prevention program; individual self-help and group therapy; referral services for in-patient treatment; all areas of treatment and rehabilitation of persons with substance use disorder; aftercare treatment; and probation services for the courts and correctional systems. L.1971, c.128, s.4; amended 2017, c.131, s.95.

N.J. Stat. § 26:2G-35 Employees, advisers and consultants; appointment

The Commissioner of the Department of Health shall appoint and employ subject to the provisions of Title 11 of the Revised Statutes such employees, advisers, and consultants as he deems necessary to carry out the provisions of this act. The President of the Civil Service Commission and the Commissioner of the Department of Health shall determine which, if any, of such appointments need not comply with the provisions of said Title. L.1971, c. 128, s. 5, eff. July 1, 1971.

N.J. Stat. § 26:2G-36 Rules and regulations; state and other clinics

The commissioner is authorized to adopt, promulgate and enforce rules and regulations and establish operating standards which shall be applicable to clinics which are part of the system established hereunder and to persons, groups or agencies which are not part of said system but which offer the same or similar programs or services. L.1971, c. 128, s. 6, eff. July 1, 1971.

N.J. Stat. § 26:2G-37 Acceptance of gifts, grants, etc.

The commissioner is authorized to contract for and to accept any gifts, grants, devises, bequests, funds, facilities, property, services, or assistance in any form from the Federal Government, or any agency or instrumentality thereof, or from any private agency or person for any of the purposes of this act. Any moneys so received may be expended by the commissioner to effectuate the purposes of this act, subject to the same limitation as to approval of expenditures and audits as are prescribed for State moneys appropriated for the purposes of this act. L.1971, c. 128, s. 7, eff. July 1, 1971.

N.J. Stat. § 26:2G-38 Annual preparation of Substance Use Treatment Provider Performance Report.

1. a. The Division of Mental Health and Addiction Services in the Department of Human Services shall annually prepare a Substance Use Treatment Provider Performance Report in accordance with the provisions of this section. b. The performance report shall show and compare the overall performance of each substance use treatment provider in the State with the Statewide average performance based on national outcome measures for each level of care. The division shall use the national outcome measures identified in subsection c., and, as appropriate, any other national outcome measures identified by the Substance Abuse and Mental Health Services Administration. c. The performance report shall include the following national outcome measures: (1) percentage of clients abstinent from alcohol on admission and discharge; (2) percentage of clients abstinent from drugs on admission and discharge; (3) percentage of clients employed on admission and discharge; (4) percentage of clients enrolled in school or a job training program at admission and discharge; (5) percentage of clients who are homeless on admission and discharge; and (6) average length of client treatment. The performance report may also include any other information the Assistant Commissioner deems appropriate. d. The division shall post the performance report on its website, and shall make a hard copy of the report available to the public, upon request. e. As used in this section: "Assistant Commissioner" means the Assistant Commissioner for the New Jersey Division of Mental Health and Addiction Services in the Department of Human Services. "Client" means a person who received treatment for substance use from a substance use treatment provider during the annual reporting period. "Substance use treatment provider" means any substance use treatment provider licensed by the Department of Human Services. L.2015, c.9, s.1.

N.J. Stat. § 26:2G-39 "Opioid Recovery and Remediation Fund" established; Department of the Treasury.

1. a. There is created in the Department of the Treasury a dedicated, non-lapsing fund to be known as the "Opioid Recovery and Remediation Fund." b. To the extent consistent with the terms of a national opioid litigation resolution subject to this act, the State Treasurer shall deposit into the fund the State's share of moneys received as a result of such resolution. Any interest and other income earned on moneys in the fund, and any other moneys that may be appropriated or otherwise become available for purposes of the fund, shall be credited to and deposited in the fund. For the purposes of this section, moneys paid to counties or municipalities shall not be considered to be part of the State's share of moneys received as a result of a national opioid litigation resolution. Any moneys received by any State department pursuant to a national opioid litigation settlement subject to this act shall be transferred into the fund. c. (1) Moneys in the fund are hereby appropriated, shall be subject to the applicable requirements of the relevant national opioid litigation resolution and any applicable agreement entered into pursuant to section 3 of P.L.2023, c.25 (C.26:2G-41), and shall be dedicated and used only for: (a) the purposes described in subsection e. of this section; and (b) the payment of attorneys' fees, costs, and related litigation expenses related to the national opioid litigation resolution. (2) The Department of Human Services shall be designated the lead agency for the State for purposes of directing the disbursement and allocation of the State's share of any moneys that are allocated to or otherwise received by the State as a result of a national opioid litigation resolution and for monitoring the use of moneys disbursed to counties or municipalities under a national opioid litigation resolution or under an agreement entered into pursuant to section 3 of P.L.2023, c.25 (C.26:2G-41), to the extent required by such agreements, and, in coordination with the State Comptroller and the Attorney General, ensuring that the use of such moneys complies with the purposes set forth in this act and is consistent with the terms of the applicable national opioid litigation resolution and any applicable agreement entered into pursuant to section 3 of P.L.2023, c.25 (C.26:2G-41). (a) The department shall have primary responsibility for ensuring that the various reporting, compliance, and administrative functions imposed upon the State pursuant to the terms and conditions of any national opioid litigation resolution and any applicable agreement entered into pursuant to section 3 of P.L.2023, c.25 (C.26:2G-41) are performed, and shall serve as the single point of contact for the State for settlement fund administrators and trustees to submit requests for disbursement of settlement funds. (b) The department shall be authorized to make determinations regarding disbursement and allocation of the State's share of such proceeds in accordance with the requirements or terms of any national opioid litigation resolution and any applicable agreement entered into pursuant to section 3 of P.L.2023, c.25 (C.26:2G-41), which may include designations of regions for the allocation of the State's share of such proceeds, in addition to taking such other actions as may be assigned or required to be performed by the lead agency or single point of contact for the State under the terms of any national opioid litigation resolution and any applicable agreement entered into pursuant to section 3 of P.L.2023, c.25 (C.26:2G-41). (c) The department shall receive and review reports from each county regarding the expenditure of any moneys received by the county as a result of a national opioid litigation resolution. (d) (i) The department shall be authorized to adopt, amend, or repeal regulations as necessary to carry out the intent and provisions of P.L.2023, c.25 (C.26:2G-39 et seq.). (ii) Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the department may, immediately upon filing proper notice with the Office of Administrative Law, adopt rules and regulations as shall be necessary to enable it to carry out the department's duties, functions, and powers with respect to this act. Rules and regulations adopted pursuant to this subsubparagraph shall be effective immediately upon filing with the Office of Administrative Law and shall be in effect for a period not to exceed 18 months, and shall, thereafter, be amended, adopted, or readopted by the department in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). (3) Notwithstanding any other law or regulation to the contrary, there is hereby appropriated: (a) moneys from the fund to the Department of Human Services, which shall allocate the appropriated funds in accordance with the provisions of subsections d., e., and f. of this section; and (b) to the extent applicable, moneys paid to the State as a result of a national opioid litigation resolution that have been allocated to a county or municipality in accordance with the terms of the national opioid litigation resolution or a related agreement entered into pursuant to section 3 of P.L.2023, c.25 (C.26:2G-41), and to the extent necessary to effectuate such resolution, which shall be used in accordance with the provisions of subsections d., e., and f. of this section. (4) Moneys from the fund may be transferred to other State departments as directed by the Commissioner of Human Services in support of the purposes provided for in this act, subject to the approval of the Director of Budget and Accounting. d. Notwithstanding section 2 of P.L.1999, c.129 (C.56:8-14.3), section 15 of P.L.2003, c.76 (C.56:8-133), and the "New Jersey False Claims Act," P.L.2007, c.265 (C.2A:32C-1 et seq.), the department shall direct the allocation and disbursement of moneys in the Opioid Recovery and Remediation Fund established by this section, and shall do so in consultation with the Opioid Recovery and Remediation Advisory Council, established pursuant to section 2 of this act. The department shall allocate funds with an emphasis on supporting programs and strategies that are evidence-based or evidence-informed and, in making such allocations, shall consider equitable access for underserviced communities Statewide. e. Moneys, other than attorneys' fees, costs, and expenses related to litigation, that are allocated to or otherwise received by the State or any county or municipality as a result of a national opioid litigation resolution, shall be dedicated and used, consistent with the terms of an applicable national opioid litigation resolution and any applicable agreement entered into pursuant to section 3 of P.L.2023, c.25 (C.26:2G-41), for the purpose of addressing opioid use disorder and any co-occurring substance use disorder or mental health conditions through evidence-based or evidence-informed practices or strategies that may include, but shall not be limited to, the following: (1) Supporting the treatment of opioid use disorders and any co-occurring substance use disorder or mental health conditions through evidence-based or evidence-informed programs or strategies; (2) Supporting individuals in recovery from opioid use disorder, as well as any co-occurring substance use disorder or mental health conditions, through evidence-based or evidence-informed programs or strategies, including, but not limited to, providing support services to the families of such individuals; (3) Providing connections to care for people who have, or are at risk of developing, an opioid use disorder or a co-occurring substance use disorder or mental health condition, through evidence-based or evidence-informed programs or strategies; (4) Using evidence-based or evidence-informed programs or strategies to address the needs of persons with an opioid use disorder or a co-occurring substance use disorder or mental health condition who are involved in, are at risk of becoming involved in, or are transitioning out of, the criminal justice system; (5) Using evidence-based or evidence-informed programs or strategies to address the needs of pregnant or parenting persons with opioid use disorder or a co-occurring substance use disorder or mental health condition, and the needs of the families of such individuals, including babies with neonatal abstinence syndrome; (6) Supporting efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies; (7) Using evidence-based or evidence-informed programs or strategies to support efforts to discourage or prevent the misuse of, and the development of substance use disorders involving, opioids; (8) Using evidence-based or evidence-informed programs or strategies to support efforts to prevent or reduce overdose deaths or other opioid-related harms; (9) Educating law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl and other drugs; (10) Providing wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events; (11) Supporting efforts to provide leadership, planning, coordination, facilitations, training, and technical assistance to abate the opioid epidemic through activities, programs, and strategies; (12) Supporting training to abate the opioid epidemic through activities, programs, or strategies; (13) Supporting opioid abatement research; (14) Supporting such other strategies as may be expressly identified in any national opioid litigation resolution; and (15) Administrative expenses, subject to limits imposed by any national opioid litigation resolution or by any agreement entered pursuant to section 3 of P.L.2023, c.25 (C.26:2G-41). f. Moneys, other than attorneys' fees, costs, and expenses related to litigation, that are allocated to or otherwise received by the State or any of its counties or municipalities as a result of a national opioid litigation resolution shall be used to supplement, and shall not supplant, federal, State, county, or municipal funds, as the case may be, that otherwise would have been used to carry out the purposes delineated in this act, and no amount of such moneys shall be used to reimburse the State or any of its counties or municipalities for past expenditures, except as may otherwise be required to refund to the federal government a portion of the moneys. g. For the purposes of P.L.2023, c.25 (C.26:2G-39 et seq.), "national opioid litigation resolution" means a settlement agreement, entered into by the Attorney General of New Jersey on behalf of the State and by other state attorneys general on behalf of their respective states, which provides for the participation of states, counties, and municipalities to resolve claims by the State attorneys general and counties and municipalities against opioid manufacturers, opioid distributors, or pharmacies, or persons or entities affiliated with an opioid manufacturer, opioid distributor, or pharmacy, related to the manufacture, marketing, distribution, or dispensing of opioids, or a bankruptcy plan which is governed by an agreement entered into pursuant to section 3 of P.L.2023, c.25 (C.26:2G-41) and which has received final approval and that channels, releases, or otherwise finally disposes of such claims including those of the State and its counties and municipalities. L.2023, c.25, s.1.

N.J. Stat. § 26:2G-40 "Opioid Recovery and Remediation Advisory Council" established, Department of Human Services.

2. a. There is established in the Department of Human Services the Opioid Recovery and Remediation Advisory Council. The council shall be advisory in nature and its purpose shall be to review proposals, data, and analyses, and engage with stakeholders and community members, to develop and provide recommendations on the allocation and distribution of the State's share of proceeds from national opioid litigation resolutions. The council shall provide information, advice, and general recommendations consistent with its purpose to the Governor, the Commissioner of Human Services, and other executive branch departments and agencies. To effectuate this goal, the council shall: (1) gather and evaluate data regarding the availability of, gaps in, and barriers to substance use disorder prevention and treatment programs and recovery services; (2) solicit feedback, in a manner and method established by the council, from stakeholders, local providers, advocates, individuals with lived experience with opioid use disorders, including people who have or are in recovery from an opioid use disorder and family members of people with an opioid use disorder, the academic community, individuals with expertise in areas related to substance use disorders, community groups, and members of the public, regarding the services needed to prevent and treat substance use disorders across the State; (3) review and evaluate recommendations submitted by the public using the online portal that was established by the State on August 31, 2022 to enable members of the public to provide recommendations on the expenditure of proceeds from national opioid litigation resolutions; (4) evaluate approaches taken by New Jersey and other states in administering proceeds from national opioid litigation resolutions; (5) consult with experts and other knowledgeable individuals in both the public and private sectors on any aspect of its duties as the council deems necessary and appropriate; and (6) take any other actions as the council deems appropriate to inform its recommendations, with the purpose of promoting the equitable and efficient distribution of settlement funds, including the distribution of funds using evidence-based and evidence-informed practices and strategies. b. The council shall comprise: (1) the Commissioner of Human Services, the Commissioner of Health, the Commissioner of Children and Families, and the Attorney General, or their designees, who shall serve ex-officio; (2) at least 10 public members appointed by the Governor who reflect the diversity of New Jersey and who shall include public health and policy experts and two or more individuals who have lived experience with opioid use disorders, including one or more individuals who have or are in recovery from an opioid use disorder and one or more family members of a person with an opioid use disorder; and (3) such additional ex officio and public members as the Governor deems appropriate. c. The public members of the council shall serve at the pleasure of the Governor. The Commissioner of Human Services or the commissioner's designee shall serve as the chairperson of the council. d. The council shall organize as soon as practicable following the appointment of its members and shall meet at such frequencies as shall be required by the Governor as well as at the call of the chairperson. The members of the council shall serve without compensation, but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their official duties within the limits of funds appropriated or otherwise made available to the council for its purposes. e. The council shall be entitled to receive assistance and services from any State, county, or municipal department, board, commission, or agency as may be made available to it for its purposes. The Department of Human Services shall provide such staff and administrative support to the council as it requires to carry out its responsibilities. f. (1) To the extent permissible under the terms of a national opioid litigation resolution, the council shall not be required to, and may refrain from, making recommendations for expenditures that would primarily benefit counties or municipalities that were eligible to participate in the national opioid litigation resolution that yielded such funds but did not participate in the resolution, provided that nothing in this subsection shall be deemed to prevent the council from exercising its discretion to make such recommendations should it determine to do so. (2) The council may, but shall not be required to, provide information and general recommendations to counties and municipalities concerning the expenditure of the share of proceeds from national opioid litigation resolutions allocated to those counties and municipalities, and may coordinate with any similarly situated county advisory council as the chairperson deems appropriate. g. The council shall expire 180 days after all proceeds from opioid litigation resolutions are expended and the Department of Human Services issues the final report required pursuant to subsection b of section 5 of P.L.2023, c.25 (C.26:2G-43). L.2023, c.25, s.2.

N.J. Stat. § 26:2G-41 Attorney General, agreements, allocated moneys, national opioid litigation resolutions.

3. The Attorney General, in consultation with the Commissioner of Human Services, shall be authorized to enter into agreements with counties and municipalities concerning the allocation and expenditure of moneys allocated to the State and its counties and municipalities in any national opioid litigation resolution. L.2023, c.25, s.3.

N.J. Stat. § 26:2G-42 County advisory councils, national opioid litigation resolution, disbursement, received moneys.

4. A county that directly receives moneys as a result of a national opioid litigation resolution shall establish an advisory council to provide input, advice, and recommendations on the disbursement of such moneys and, if requested by a municipality within the county, on the disbursement of moneys from a national opioid litigation resolution received by the municipality. Each county advisory council shall, at a minimum, consist of a member possessing expertise in substance use disorder treatment or prevention, a member representing a provider of behavioral health or substance use disorder treatment in the community, a member with personal experience with substance use and substance use disorder issues, the county prosecutor or the county prosecutor's designee, and an individual authorized to appropriate funds on behalf of the governing body of the county or such individual's designee. A county advisory council may include any additional members as the county deems necessary and appropriate. L.2023, c.25, s.4.

N.J. Stat. § 26:2G-43 Report to Governor, Legislature; State expenditure, opioid litigation resolution proceeds.

5. a. No later than 12 months after the effective date of this act, and annually thereafter until all proceeds from national opioid litigation resolutions have been expended, the Department of Human Services, in consultation with the Opioid Recovery and Remediation Advisory Council, shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the details of the allocations made with the funds appropriated from the Opioid Recovery and Remediation Fund. The information shall include the allocation amount, program description, involved community providers, goals of the program, and outcome measures to be used to determine program efficacy. b. No later than 180 days after all proceeds from national opioid litigation resolutions have been expended, the Department of Human Services shall prepare and issue to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a final report concerning the State's expenditure of opioid litigation resolution proceeds, including: the amounts allocated; descriptions of the programs funded using the proceeds; community providers involved in programs receiving allocations from the proceeds; outcomes from programs receiving allocations from the proceeds; overall outcomes resulting from the expenditure of the proceeds, including changes in substance use disorder rates, overdose deaths, participation in substance use disorder treatment and recovery programs, successful treatment outcomes, outcomes involving dual diagnoses involving substance use disorders in combination with other behavioral health conditions, and expansions in substance use disorder and other behavioral health care provider and treatment capacity; and such other information and data as the department deems necessary to fully evaluate the use of opioid litigation resolution funds pursuant to this act. c. The department shall post the information and reports required pursuant to this section on its Internet website. L.2023, c.25, s.5.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026