New Jersey § 26:2b-15

§ 26:2b-15.

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 a person with an alcohol use disorder 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 a person with an alcohol use disorder, and adequate and appropriate treatment is

available, the person shall be admitted. Admission shall not be denied 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. 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 the person’s residence,

or, if the person has no residence, to a place where shelter will be provided. Any person admitted to a facility may receive treatment at the facility for as long

as the person wishes to remain at the facility or until the administrator determines

that treatment will no longer benefit the person; provided, however, that any person

who at the time of admission is intoxicated and is incapacitated, shall remain at

the facility until the person is no longer incapacitated, but in no event shall the

person be required to remain for a period greater than 48 hours. When a person is admitted to a facility, 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 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 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 Parts 160 and 164 . The manner in which any person is transported from one facility to another, or from

a facility to the person’s residence, and the financing thereof, shall be determined

by the director in accordance with rules and regulations promulgated by the department. 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 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 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 Parts 160 and 164 .