New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 162 - INTOXICATED DRIVING PROGRAM
Subchapter 1 - INTOXICATED DRIVING PROGRAM/INTOXICATED DRIVER RESOURCE CENTER
Section 10:162-1.2 - Definitions
The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Affiliated treatment agency" means a Department-licensed substance use disorder treatment agency or a licensed healthcare practitioner or professional affiliated with an Intoxicated Driver Resource Center to provide substance use disorder treatment services for the education, rehabilitation, and treatment of clients.
"Affiliation agreement" means a written agreement between an Intoxicated Driver Resource Center and a Department-licensed substance use disorder treatment agency or a licensed healthcare practitioner or professional establishing the terms of the relationship and provision of treatment services for individuals with driving under the influence convictions or driving under the influence-related convictions.
"Alcohol abuser" means any person who chronically, habitually, or periodically consumes alcoholic beverages to the extent that such use substantially injures his or her health or substantially interferes with his or her social or economic functioning in the community on a continuous basis, or he or she has lost the power of self-control with respect to the use of such beverages. The 1994 edition of the Diagnostic and Statistical Manual on Mental Disorders (DSM-IV) published by the American Psychiatric Association, 1400 K Street, NW, Washington, DC 20005, as amended and supplemented, incorporated herein by reference, shall be used as a guide in evaluating persons under this definition.
"Alcohol or drug related offense" means a conviction by a court of law or a finding by the Division of Motor Vehicles of operating under the influence, pursuant to 39:4-50 et seq. or N.J.S.A. 12:7-34.19 et seq. or 12:7-46 et seq., or refusal to submit to a chemical test, pursuant to N.J.S.A. 39:4-50.4(a)et seq., or 12:7-57 et seq., or N.J.S.A. 39:4-50.14 et seq., N.J.S.A. 39:3-10.24, et seq. or 39:4-14.3g.
"Alcohol Safety Institute" (ASI) means the designation given to clients who have been evaluated by the Intoxicated Driver Resource Center/Intoxicated Driving Program and are not referred to treatment.
"Approved grantee" means an eligible applicant awarded a provider service contract or subcontract pursuant to N.J.A.C. 10:162-10.
"ASAM Criteria" means the criteria developed by the American Society of Addiction Medicine as contained in the ASAM Criteria, Treatment Criteria for Addictive, Substance-Related, and Co-Occurring Conditions, Third Edition, 2013, which is incorporated herein by reference, as amended and supplemented, which can be obtained from the ASAM Publications Center, Tel: 1-800-844-8948, www.asam.org.
"ASAM PPC 2R" means the publication of the American Society of Addiction Medicine, Inc., Chevy Chase, Maryland titled "ASAM Patient Placement Criteria for the Treatment of Substance-Related Disorders, Second Edition-Revised," available from ASAM Publications Distribution, PO Box 101, Annapolis Junction, MD 20701-0101, Tel: 1-800-844-8948, Fax: 301-206-9789; www.asam.org, which is incorporated herein by reference.
"Cancellation" means that a previous suspension has been rescinded and removed from the driver's abstract by the Division of Motor Vehicles.
"Client" means a person who has been convicted of an alcohol or drug related offense or other person who is referred or is otherwise within the jurisdiction of the Intoxicated Driving Program/Intoxicated Driver Resource Center program.
"Coordinating grantee" means an entity authorized by the Division to administer the distribution of funds to approved sub-grantees or to itself to provide services and receive payment pursuant to N.J.A.C. 10:162-6.13(c) and (d) and 10:162-10.
"Counselor" means a person certified or licensed by the New Jersey Division of Consumer Affairs, State Board of Marriage and Family Therapy Examiners, Alcohol and Drug Counselor Committee, as required by 45:2D-1 et seq. and N.J.A.C. 13:34C, or a counselor-intern pursuing certification or licensure pursuant to 13:34C-6.2.
"Covered treatment episode" means a course of alcohol or drug treatment, including intake evaluation conducted pursuant to N.J.A.C. 10:162-6.1, for which there is documentation of clinical necessity and which takes place as a result of a court order from a conviction for an alcohol or drug related offense as defined in 10:162-1.2, or a referral from the Intoxicated Driving Program or an Intoxicated Driver Resource Center pursuant to 10:162-2.3, or a course of alcohol or drug treatment, including intake, for others defined as eligible recipients.
"Department" means the New Jersey Department of Health.
"Detoxification" means the provision of care, usually short-term, prescribed by a physician and conducted under medical supervision, for the purpose of withdrawing a person from a specific psychoactive substance in a safe and effective manner according to established written medical protocols and the ASAM Criteria. This term is synonymous with "withdrawal management" as referenced in the ASAM Criteria.
"Didactic" means group education using lectures, group interaction or audio visual aids.
"Director" means the Assistant Commissioner or successor official who serves as head of the Division.
"Division" means the Division of Mental Health and Addiction Services in the Department.
"Driving under the influence (DUI)" means any offense related to drunk driving, impaired driving, intoxicated driving, driving under the influence or driving while intoxicated, as defined in the applicable statute, or such other offenses as may require referral to an Intoxicated Driver Resource Center, and is interchangeable with the term "DWI" for the purpose of this chapter.
"Drug abuser" means a person who is using a controlled dangerous substance or other drug and who is in a state of physic or physical dependence, or both, arising from the use of that controlled substance on a continuous basis. Drug abuse is characterized by behavioral and other responses, including, but not limited to, a strong compulsion to take the substance on a recurring basis in order to experience its psychic effects, or to avoid the discomfort of its absence. The 1994 edition Diagnostic and Statistical Manual on Mental Disorders (DSM-IV) published by the American Psychiatric Association shall be used as a guide in evaluating persons under this definition.
"Eligible applicant" means an entity qualified to administer the distribution of funds to approved sub-grantees for achieving the purpose of this chapter and/or an entity providing inpatient, intensive outpatient, or outpatient treatment licensed pursuant to N.J.S.A. 26:2B-14, 26:2G-23, and/or 26:2H-1 et seq., and N.J.A.C. 8:43A-26, 10:161A, and/or 10:161B, and affiliated in good standing with the Intoxicated Driver Resource Center pursuant to N.J.S.A. 39:4-50(f) and N.J.A.C. 10:162-5.
"Eligible recipient" means a person required to satisfy the requirements of the Intoxicated Driving Program and the Intoxicated Driver Resource Centers pursuant to 39:4-50 et seq. and 10:162-2.1, or authorized to be referred to the Intoxicated Driving Program pursuant to N.J.A.C. 10:162-2.3, and who meets the criteria of eligibility established in 10:162-6.16(c) and priorities established in 10:162-10.4(a) through (d), or other person in need of alcohol or drug abuse treatment who meets the criteria of eligibility established in 10:162-6.16(c) and 10.4(e).
"First offender" means a person who is convicted once, pursuant to 39:4-50 or N.J.S.A. 12:7-34.19 or 12:7-46 within the statutory time period, or is convicted of a refusal to take a chemical test in conjunction with one of the above offenses.
"First offender program" means the program administered by the county Intoxicated Driver Resource Centers for detention, evaluation, and referral for first offenders which may also be used to evaluate other offenders or referrals for evaluation. The program normally consists of six hours a day for two consecutive days for a total of 12 hours.
"48-hour program" means the IDRC program for offenders sentenced by a court to 48 consecutive hours of attendance.
"Fund" means monies deposited or accrued in the Alcohol Treatment Programs Fund pursuant to 26:2B-9.2 et seq.
"Incapacitated" means the condition of a person who is:
1. Unconscious, as a result of the use of alcohol or drugs, or whose judgment is so impaired that the person is incapable of realizing and making a rational decision with respect to his or her need for treatment;
2. In need of substantial medical attention; or
3. Likely to suffer substantial physical harm (26:2B-7) .
"Individual provider" means a person engaged in the practice of alcohol and drug counseling licensed or certified by the Alcohol and Drug Counselor Committee pursuant to P.L. 1997, c. 331, approved January 9, 1998.
"Inpatient treatment" means treatment for alcohol and/or drug dependence within a short-term or long-term residential substance use disorder treatment facility licensed by the Department.
"Intensive outpatient treatment" means the type of treatment that approximates ASAM Criteria Level 2.1.
"Intoxicated" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or drugs.
"Intoxicated Driver Resource Center" or "IDRC" means the personnel and facilities designated and established by the county, and approved by the Intoxicated Driving Program, that detain and determine, on the basis of an evaluation instrument and counselor evaluation and other information, the extent, if any, of a client's substance use disorder-related problem and that monitor and report on referrals to approved treatment programs.
"Intoxicated Driving Program" or "IDP" means the unit within the Division of Mental Health and Addiction Services responsible for managing and coordinating court-mandated requirements for individuals with driving under the influence convictions or driving under the influence-related convictions and monitoring services provided by IDRCs.
"Multiple offender" means a client with three or more intoxicated driving related offenses.
"New law client" means those clients arrested for a violation of 39:4-50 after October 4, 1984.
"Noncompliance" means when a client or other person who has been convicted of an alcohol or drug related offense or who is otherwise under the jurisdiction of the Intoxicated Driver Resource Center/Intoxicated Driving Program, refuses, neglects, or inadvertently fails to comply with any ordered referral or evaluation or appointment for education, evaluation, or treatment or who fails to pay the appropriate fees.
"Old law client" means those clients arrested for a violation of 39:4-50 et seq. before October 4, 1984.
"Out of State" means an out of State resident who is convicted in New Jersey of an alcohol or drug related driving offense.
"Outpatient treatment" means the type of substance use disorder treatment that approximates ASAM Criteria Level 1.
"Recidivist" means a client who has been convicted of an alcohol or drug related driving offense and who has completed the Intoxicated Driver Resource Center/Intoxicated Driving Program or its predecessor, and who has been convicted again of an alcohol or drug related driving offense.
"Refusal offense" means a conviction under N.J.S.A. 39:4-50.4(a) or 12:7-57.
"Repeater" means a client with two alcohol or drug related offenses.
"Restoration" means driving privileges have been restored after suspension.
"Roster" means a list of clients scheduled to attend an Intoxicated Driver Resource Center.
"Second offender" means a person convicted of two offenses of 39:4-50 or 12:7-46 or N.J.S.A. 12:7-34.19 within the statutory time period, or two offenses of refusal to take a chemical test under N.J.S.A. 39:4-50.4(a) or 12:7-57.
"Self-help group" means a peer support group that is of no cost to its members.
"Sub-grantee" means an entity licensed pursuant to N.J.S.A. 26:2B-14, 26:2G-23, and/or 26:2H-1 et seq., and N.J.A.C. 8:43A-26, 10:161A, and/or 10:161B, or any successor rules governing the operation of substance use disorder treatment facilities that provides direct treatment services as defined in this chapter to eligible recipients through a subcontract with a coordinating grantee.
"Substance use disorder" is evidenced by a cluster of cognitive, behavioral, and physiological symptoms that indicate that the person continues to use a substance (for example, alcohol, drugs) despite the presence of significant substance-related impairments and problems. See American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders, fifth edition, Arlington, VA, American Psychiatric Association, 2013. The Diagnostic and Statistical Manual of Mental Disorders (DSM), fifth edition, published by the American Psychiatric Association, which is incorporated herein by reference, as amended and supplemented, shall be used as a guide in evaluating persons under this definition.
"Third and subsequent offenders" means a person convicted of three or more offenses under 39:4-50(a)(3) or N.J.S.A. 12:7-54(a)(3)within the statutory period.
"Treatment" means a structured intervention into, and care for, a client's substance use disorder or related problems with the use of alcohol or drugs.
"Z client" means a New Jersey licensed driver convicted of an alcohol or drug-related offense in another state or country who has been ordered to attend alcohol or drug education and/or substance use disorder evaluation and/or treatment.
