An Act concerning sober living homes, designated as "Nick Rohdes' Law," and amending P.L.1970, c.334, P.L.1975, c.305 and P.L.1982, c.149.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.1975, c.305 (C.26:2B-8) is amended to read as follows:

2. The following words as used in this act shall, unless the context requires otherwise, have the following meanings:

"Administrator" means the person in charge of the operation of a facility, or his designee.

"Admitted" means accepted for treatment at a facility.

"Alcoholic" means any person who chronically, habitually or periodically consumes alcoholic beverages to the extent that: a. such use substantially injures his health or substantially interferes with his social or economic functioning in the community on a continuing basis, or b. he has lost the power of self-control with respect to the use of such beverages.

"Authorized persons" means persons who serve as volunteer first aid or ambulance squad members, para-professional medical personnel and rehabilitated alcoholics.

"Commissioner" means the Commissioner of [Health] Human Services.

"Department" means the [State] Department of [Health] Human Services.

"Director" means the Director of the Division of [Alcoholism] Mental Health and Addiction Services.

"Division" means the Division of [Alcoholism] Mental Health and Addiction Services in the Department of Human Services.

"Facility" means any public, private place, or portion thereof providing services especially designed for the treatment of intoxicated persons or alcoholics; including, but not limited to intoxication treatment centers, inpatient treatment facilities, outpatient facilities, and residential aftercare facilities.

"Incapacitated" means the condition of a person who is: a. as a result of the use of alcohol, unconscious or has his judgment so impaired that he is incapable of realizing and making a rational decision with respect to his need for treatment, b. in need of substantial medical attention, or c. likely to suffer substantial physical harm.

"Independent physician" means a physician other than one holding an office or appointment in any department, board or agency of the State of New Jersey or in any public facility.

"Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcoholic beverages.

"Patient" means any person admitted to a facility.

"Private facility" means a facility other than one operated by the Federal Government, the State of New Jersey or any political subdivision thereof.

"Public facility" means a facility operated by the State of New Jersey or any political subdivision thereof.

"Treatment" means services and programs for the care or rehabilitation of intoxicated persons and alcoholics, including, but not limited to, medical, psychiatric, psychological, vocational, educational, recreational, and social services and programs.

(cf: P.L.1975, c.305, s.2)

2. Section 6 of P.L.1975, c.305 (C.26:2B-12) is amended to read as follows:

6. The department shall take cognizance of all matters affecting alcoholism in the State and shall establish and conduct a program for the treatment of intoxicated persons and alcoholics.

The program may encourage regionalization of services and, if not otherwise available, provide for the following facilities, which need not be separately located:

a. Intoxication treatment centers, which centers shall render emergency medical care, including detoxification, shall be open 24 hours every day, and shall be located conveniently near population centers. Services shall be provided for the immediate physical and social needs, including the needs for medication and shelter, of intoxicated persons, and shall also provide for initial examination, diagnosis and referral. To the extent possible, such treatment centers shall be affiliated with a general or other hospital.

b. Inpatient facilities, for treatment of alcoholics, which shall, to the extent possible, be affiliated with the medical service of a general hospital, mental hospital, community mental health center, or other hospital.

c. Outpatient facilities.

d. Residential aftercare facilities, such as halfway houses or transitional sober living homes.

The department shall maintain, supervise and control all facilities operated by it pursuant to [this act] P.L.1975, c.305 (C.26:2B-7 et seq.) and all such facilities shall be staffed with an adequate number of qualified and trained personnel. The administrator of each [such] facility shall make an annual report of its activities to the director in such manner and form as the director may deem appropriate. All appropriate resources, particularly community mental health centers, shall whenever possible be utilized in and coordinated with the program.

Services delivered by the department pursuant to [this act] P.L.1975, c.305 (C.26:2B-7 et seq.) may be administered on the premises of institutions operated in whole or in part by the department of institutions and agencies. Such services shall be administered as such services are administered in the other facilities of the department and shall in all respects be therapeutic in nature rather than penal or correctional.

The department shall annually prepare and publish [annually] a list of all [services] facilities and service-providing entities operating in accordance with [this act] P.L.1975, c.305 (C.26:2B-7 et seq.), and shall make the list available , upon request , to members of the public. The department shall notify all law enforcement agencies and judges in the State of the location and capacity of intoxication treatment centers and other [services] service-providing entities operating in accordance with [this act] P.L.1975, c.305 (C.26:2B-7 et seq.), which are situated in or near their jurisdictions.

(cf: P.L.1975, c.305, s.6)

3. Section 9 of P.L.1975, c.305, s.9 (C.26:2B-15) is amended to read as follows:

9. Any person who is intoxicated and who voluntarily applies for treatment or is brought to a facility by a police officer or other authorized person in accordance with section 10 of P.L.1975, c.305 (C.26:2B-16) may be afforded treatment at an intoxication treatment center or other facility. Any person who is an alcoholic and who voluntarily applies for treatment may be afforded treatment at an intoxication center or other facility.

As soon as possible after the admission of any person, the administrator of the facility shall cause such person to be examined by a physician or by a medically competent individual designated by the department and under the supervision of a physician. If, upon examination, a determination is made that the person is intoxicated or is an alcoholic, and adequate and appropriate treatment is available, he shall be admitted. If any person is not admitted for the reason that adequate and appropriate treatment is not available at the facility, the administrator of the facility, acting whenever possible with the assistance of the director, shall refer the person to a facility at which adequate and appropriate treatment is available. In the event that a person is not admitted to a facility, and has no funds, the administrator shall arrange for the person to be assisted to his residence, or, if he has no residence, to a place where shelter will be provided him.

Any person admitted to a facility may receive treatment at the facility for as long as he wishes to remain at the facility or until the administrator determines that treatment will no longer benefit him; provided, however, that any person who at the time of admission is intoxicated and is incapacitated, shall remain at the facility until he is no longer incapacitated, but in no event shall he be required to remain for a period greater than 48 hours.

When a person is admitted to a facility, [his family shall be notified] the facility shall provide notice of admission to the person's spouse, parent, legal guardian, designated next of kin, or other designated emergency contact, as soon thereafter as possible , 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 Part 160; 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, [his request] the patient's wishes shall be respected [except if a person] unless the patient is a [juvenile] minor child or adolescent, in which case [his family or], the minor's parent, legal guardian , designated next of kin, or other designated emergency contact shall 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 Part 160 .

The manner in which any person is transported [either] from one facility to another , or from a facility to his residence , and the financing thereof , shall be determined by the director in accordance with rules and regulations promulgated by the department.

[Upon discharge from or upon leaving] When a patient is discharged or otherwise released from treatment at a facility, the patient shall be encouraged to consent to appropriate outpatient or residential aftercare treatment.

When a patient voluntarily withdraws, or is involuntarily evicted from a transitional sober living home, halfway house, or other residential aftercare facility, the facility shall provide notice of the patient's release from care to the patient's spouse, parent, legal guardian, designated next of kin, or other designated emergency contact, 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 Part 160; 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 patient's wishes shall be respected unless the patient is a minor child or adolescent, in which case, the minor's parent, legal guardian, designated next of kin, or other designated emergency contact shall 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 Part 160.

(cf: P.L.1975, c.305, s.9)

4. Section 2 of P.L.1970, c.334 (C.26:2G-22) is amended to read as follows:

2. As used in this act:

[(a)] "Commissioner" means the Commissioner of Human Services.

"Department" means the Department of Human Services.

"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.

"Narcotic and drug abuse 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 , or transitional sober living 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.

[(b)] "Patient" means a person who is addicted to, or otherwise suffering physically or mentally from the use, or abuse of, narcotic drugs , or who is in the process of recovering from such addiction or physical or mental suffering, and who requires the continuing care of a narcotic and drug abuse treatment center.

[(c) "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.

(d) "Commissioner" means the Commissioner of the State Department of Health of New Jersey.]

(cf: P.L.1970, c.334, s.2)

5. Section 5 of P.L.1970, c.334 (C.26:2G-25) is amended to read as follows:

5. The commissioner shall adopt, amend, promulgate and enforce such rules, regulations and minimum standards [of] for the treatment of patients of narcotic and drug abuse treatment centers as may be reasonably necessary to accomplish the purposes of [this act] P.L.1970, c.334 (C.26:2G-21 et seq.). Such narcotic and drug abuse treatment centers may be classified into two or more classes with appropriate rules, regulations and minimum standards for each such class. The department's classification system shall account for all types of narcotic and drug abuse treatment centers, including, but not limited to: (1) facilities that provide patients with detoxification, medication-assisted treatment, or other intensive or emergency-level drug abuse treatment on an inpatient basis; (2) facilities that provide patients with detoxification, medication-assisted treatment, or other drug abuse treatment, on an outpatient basis; and (3) residential aftercare facilities, such as halfway houses and transitional sober living homes, which help recovering drug addicts and abusers make a successful and sober transition back into the community-at-large.

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 Part 160; 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 Part 160.

(cf: P.L.1970, c.334, s.5)

6. Section 1 of P.L.1982, c.149 (C.26:2H-11.1) is amended to read as follows:

1. In the case of an application for a certificate of need or initial licensure, as applicable, for a narcotic and drug abuse treatment center to be located within 500 feet from any building in this State used for the instruction of children between the ages of five and 18 years, the applicant shall notify the governing body of the municipality within which the applicant proposes to locate the treatment center of the applicant's intention to apply for the certificate of need or licensure and the proposed location of the center. Documentation of the notice shall be filed with the certificate of need or license application. The Commissioner of Health is hereby authorized to adopt reasonable rules and regulations, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act. For the purposes of this act, the definition of "narcotic and drug abuse treatment center" shall be identical to the definition in [subsection (a) of] section 2 of P.L.1970, c.334 (C.26:2G-22). This act shall not apply to any narcotic and drug abuse treatment center for which an application was filed prior to the effective date of this act.

(cf: P.L.2012, c.17, s.177)

7. This act shall take effect on the 60th day after the date of enactment, but the Department of Human Services may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

As amended by the committee, this bill, which is designated as "Nick Rohdes' Law," would amend the State's substance abuse treatment laws in relation to the regulation of sober living homes. In particular, the bill would:

(1) expressly clarify that the Department of Human Services' existing statutory authority to license and regulate residential substance abuse facilities, pursuant to the provisions of N.J.S.A.26:2B-7 et seq. and N.J.S.A.26:2G-21 et seq., includes the authority to license and regulate residential substance abuse aftercare facilities, including, but not limited to, transitional sober living homes and halfway houses;

(2) require transitional sober living homes, halfway houses, and other residential aftercare facilities to provide notice to a patient's spouse, parent, guardian, designated next-of-kin, or other designated emergency contact upon the patient's release from treatment at the facility, so long as such notice is provided in a manner that is consistent with federal HIPAA requirements and federal requirements applicable to the confidentiality of substance abuse treatment records, and the patient, if an adult, has not withheld consent for such notice or expressly requested that notification not be provided; and

(3) revise similar, existing statutory notice provisions related to substance abuse treatment, in order to clarify that all such notifications must comply with the federal laws described in (2), above.

The bill would also update the language used in this area of law, in order to ensure grammatical correctness, maintain consistency with current rules of statutory drafting, and correctly reference the Department of Human Services Division of Mental Health and Addiction Services, which is the agency and division currently responsible for the regulation of substance abuse treatment facilities.

The bill is designated "Nick Rohdes' Law" to honor the memory of Nick, a young man who lost his battle with substance abuse at the age of 24 in February 2014. Raised in Colts Neck, Nick loved the "Jersey Shore," the New York Yankees, and the New York Giants. He had been in a sober living home and was evicted without any notification to family or next-of-kin when he relapsed and lost his life to his addiction. This bill is intended to provide notification to family members and next-of-kin when an individual is released from these facilities to prevent these tragedies and ensure a supportive environment when an addict most needs it.