N.J. Admin. Code § 10:161B-2.5 - Review and approval of a license application

(a) The applicant or DCN&L may request a preliminary review meeting to discuss the applicant's proposed program. Such a functional preapplication review 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, DCN&L shall review it for completeness, and relevant fees at N.J.A.C. 10:161B-2.1. If DCN&L deems that the application is incomplete, DCN&L shall notify the applicant, in writing, of any missing information. Such written notification from DCN&L shall occur within 15 working days upon receipt of said application.

1. The applicant shall be permitted to supply any missing information in the application to DCN&L within 30 working days. If the application is not deemed complete by DCN&L, in writing, to the applicant within six months, it shall be denied as incomplete and the applicant may reapply after 30 days. DCN&L shall not consider any application until it is deemed complete.

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

1. DCN&L shall schedule a meeting to conduct a functional review, pursuant to (a) above, with the applicant to explore and define the program concept, including feasibility and need for proposed services, within 30 days of application receipt by DCN&L.

2. If DCN&L does not schedule a functional review meeting within the 30 day timeline, 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, DCN&L shall schedule a survey of the proposed program to determine if the program complies with this chapter.

i. Within 45 days after completion of this survey, DCN&L shall notify the applicant, in writing, of the findings of the survey, including any deficiencies.

ii. If DCN&L documents deficiencies, DCN&L shall schedule additional surveys of the outpatient substance use disorder treatment program upon notification from the applicant that the documented deficiencies have been corrected. Additional surveys shall be scheduled by DCN&L within 15 working days after receipt of the applicant's notification that the documented deficiencies have been corrected.

(d) DCN&L shall approve a complete application for licensure if:

1. DCN&L 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. Where applicable, the new or otherwise innovative program from N.J.A.C. 10:161B-2.3(f) does not present significant risk of harm to the life, safety, health or well-being of the clients, and the applicant demonstrates that the program 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 DCN&L with written approvals for the facility from the local zoning, fire, health, and building authorities. When seeking local approvals, any outpatient substance use disorder treatment programs providing opioid treatment and opioid detoxification or other detoxification where prescription drugs will be dispensed, shall specifically notify the municipality in which the program is to be located of the full scope of services to be provided. Notification of the municipality shall include notification to appropriate and relevant local authorities and/or officials; and

4. The applicant has provided DCN&L 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 program until DCN&L issues a license to the applicant for the program. Any client admissions to the applicant's outpatient treatment program prior to the issuance of a DCN&L license shall be considered unlicensed admissions and DCN&L shall take all appropriate enforcement action.

Notes

N.J. Admin. Code § 10:161B-2.5

Amended by 48 N.J.R. 2791(a), effective 12/19/2016 Amended by 55 N.J.R. 2346(a), effective 11/20/2023