New Jersey § 26:2h-15

§ 26:2h-15.

Whenever a residential health care facility, boarding house or rooming house, not

licensed hereunder, by public or private advertising or by other means holds out to

the public that it is equipped to provide postoperative or convalescent care for persons with mental illness or intellectual disabilities or who are suffering or recovering from illness or injury, or who are chronically

ill, or whenever there is reason to believe that any such facility or institution,

not licensed hereunder, is violating any of the provisions of this act, then, and

in such case, the department shall be permitted reasonable inspection of such premises

for the purpose of ascertaining whether there is any violation of the provisions hereof. If any such residential health care facility, boarding house or rooming house, shall

operate as a private mental hospital, convalescent home, private nursing home or private

hospital in violation of the provisions of this act, then the same shall be liable

to the penalties which are prescribed and capable of being assessed against health

care facilities pursuant to this act. Any person, firm, association, partnership or corporation, not licensed hereunder,

but who holds out to the public by advertising or other means that the medical and

nursing care contemplated by this act will be furnished to persons seeking admission

as patients, shall cease and desist from such practice and shall be liable to a penalty

of $100.00 for the first offense and $500.00 for each subsequent offense, such penalty

to be recovered as provided for herein.