New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES
Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT
Section 10:161B-2.23 - Injunction
Current through Register Vol. 56, No. 6, March 18, 2024
(a) The DOH Commissioner, or designee, may determine to seek an injunction of the operation of a substance use disorder treatment facility or a component or distinct part of the facility upon a finding that violations pertaining to the care of clients or to the hazardous or unsafe conditions of the physical structure pose an immediate threat to the health, safety, and welfare of the public or the clients of the facility.
(b) Upon a finding described at (a) above, the DOH Commissioner or the Commissioner's authorized representative shall refer the matter to the Office of the Attorney General to file for an injunction and/or temporary restraints consistent with the New Jersey Court Rules.
(c) Within five working days, DOH shall approve and coordinate the process to transfer/relocate all of the facility's current clients. Upon the Court issuing an injunction or temporary restraint, the facility shall cease and desist the provision of substance use disorder treatment services and effect an orderly transfer of clients to substance use disorder treatment facilities or other services approved by DOH and the facility shall document all transfers.
(d) Notwithstanding the issuance of an injunction and/or temporary restraint, DOH may concurrently or subsequently impose other enforcement actions pursuant to this chapter.
(e) DOH shall seek to lift the injunction and/or temporary restraint upon its determination that the facility has corrected the conditions, which were the basis for the action.
