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N.J.A.C. 10:36 (Notice of Adoption)

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N.J.A.C. 10:36 (Notice of Adoption) active

Behavioral Health Program Service Standards — adoption changes and 8:121 conforming amendments (58 N.J.R. 1382(a))

Jurisdiction: NJ Agency: NJ Department of Human Services (DMHAS)
CMHC (60%) MH_IOP (40%) MH_PHP (100%) OTP (100%) OUTPATIENT (100%) SUD_IOP (100%) SUD_PHP (100%)
Plain-English summary

This regulation adopts N.J.A.C. 10:36, the Behavioral Health Program Service Standards for New Jersey's Division of Mental Health and Addiction Services, establishing minimum program standards for behavioral health treatment programs serving adults. It covers outpatient, intensive outpatient (addictive disorder), partial care (mental health and addictive disorder), and opioid treatment program (OTP) services, setting requirements for intake, biopsychosocial assessment, care planning, medication services, discharge planning, and data reporting. The rule explicitly excludes individuals under 18 years old, as juvenile mental health and SUD programs fall under other state agencies. Conforming amendments are also made to N.J.A.C. 8:121, which governs licensure of mental health case management and community support services.

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Regulation text
HEALTH ADOPTIONS 
(CITE 58 N.J.R. 1382) NEW JERSEY REGISTER, MONDAY, APRIL 6, 2026 
CHAPTER 121 
LICENSURE STANDARDS FOR MENTAL HEALTH CASE 
MANAGEMENT AND COMMUNITY SUPPORT SERVICES 
SUBCHAPTER 1. LICENSURE OF MENTAL HEALTH CASE 
MANAGEMENT AND COMMUNITY SUPPORT 
SERVICES 
8:121-1.1 Scope and purpose 
(a) (No change.)
(b) No mental health program shall operate, unless it is licensed by the
Commissioner of the Department of Health as a mental health program 
and has a purchase of service contract or an affiliation agreement with the 
Division of Mental Health and Addic tion Services or is licensed by the 
Commissioner of the Department of Health as a health care facility. 
1. (No change.)
2. “Mental health program” means a program of mental health services
not licensed by the Department as a health care facility or integrated 
outpatient facility and which is subject to rules adopted by the Department 
and is provided by either: 
i. An agency that has a purchase of service contract or an affiliation
agreement with the Division; or 
ii. An entity that provides nonresidential, non-inpatient mental health
service(s). 
3. (No change.)
4. Provisions of this chapter shall not apply to:
i.-v. (No change.)
vi. A mental health program licensed by the Department as a health
care facility or integrated outpatient facility, provided that each site of 
such program holds a separate Department license or is specified on the 
main facility’s Department license. 
(c)-(d) (No change.) 
8:121-1.3 Level 1 standards 
(a) The following rules shall be Level 1 standards for mental health
programs: 
1.-5. (No change.) 
6. Staffing requirements for family support services at N.J.A.C. 10:37I-
5.9(b); 
Recodify existing 10.-13. as 7.-10. (No change in text.) 
Recodify existing 17.-18. as 11.-12. (No change in text.) 
8:121-1.6 Applicable standards 
(a) (No change.)
(b) Mental health programs shall comply with the applicable standards
for the following mental health services that they provide: 
Recodify existing 5.-7. as 1.-3. (No change in text.) 
(c)-(e) (No change.) 
__________ 
HUMAN SERVICES 
(a) 
DIVISION OF MENTAL HEALTH AND ADDICTION 
SERVICES 
Behavioral Health Program Service Standards 
Adopted Repeals: N.J.A.C. 10:37E and 10:37F 
Adopted New Rules: N.J.A.C. 10:36 
Proposed: August 18, 2025, at 57 N.J.R. 1779(a). 
Adopted: January 14, 2026, by Sarah Adelman, Commissioner, 
Department of Human Services. 
Filed: January 14, 2026, as R.2026 d.043, with non-substantial 
changes not requiring additional public notice and comment (see 
N.J.A.C. 1:30:6.3). 
Authority: N.J.S.A. 26:2B-7 et seq., in particular 26:2B-13; 26:2BB-
5 through 6; 26:2G-1 et seq., in particular 26:2G-5; 26:2G-21 et 
seq., in particular 26:2G-25; 30:1-12 et seq.; 30:9A-10; and 
30:9A-21; and Reorganization Plan 001-2018. 
Effective Date: April 6, 2026. 
Expiration Date: April 6, 2033. 
Summary of Public Comments and Agency Responses: 
The official comment period ended on October 17, 2025. Comments 
were received from: 
CPC Integrated Health, Roger Bo richewski, MSW, LCSW, Vice 
President, Quality & Risk Mgt. 
Collaborative Support Programs of New Jersey, Heather Simms, 
Deputy Director of Advocacy & Peer Services. 
Legacy Treatment Services, Ann Miamidian, MSEd, CCP, Chief 
Compliance Officer. 
Neurocrine Biosciences, Inc., Frankie Berger, Director, Public Policy. 
New Jersey Association of Mental Health and Addiction Agencies, 
Inc., Debra L. Wentz, Ph.D. 
New Jersey Association for the Treatment of Opioid Dependence, 
Maiysha Ware, Pres. 
New Jersey Peer Coalition, Elena Kravitz, Board Chair. 
New Jersey Prevention Network, Victoria Nagel, LCADC, CCS, LPS, 
NCC, ACS, BC-TMH, Director of Clinical Training & Workforce Dev. 
Preferred Behavioral Health Grou p, Christine Bender, MSW, LSW, 
CPHQ, Director of Quality and Compliance. 
Vital Strategies Overdose Prevention Program, Derek Carr, JD, Legal 
Technical Advisor, Overdose Prevention Program/Public Health 
Programs. 
1. COMMENT: The Division of Mental Health and Addiction Services 
(“Division” or “DMHAS”) received numerous comments of general 
support for the new rules, including some of the following: 
“… [T]he Division’s proposed rule on behavioral health program (BH 
program) service standards, including service standards for BH programs 
that provide opioid treatment program (OTP) and other SUD treatment 
services, would expand and enhance critical, lifesaving access to agonist 
medications among New Jerseyans with OUD. The proposed rule would 
also strengthen the integration of se rvices to treat co-occurring mental 
health and substance use disorders and support patient-centered care 
across much of the SUD treatment continuum.” 
“… [s]upport DMHAS’s alignment of OTP program standards with 
Federal OTP rules (42 CFR Part 8) and DEA requirements, and appreciate 
the explicit ‘more-restrictive-governs’ clause for conflicts.” 
Further comments included support focused on the Division’s efforts 
to move toward integrated services, including: 
“… [s]trongly support[s] the Division’s intent to integrate mental 
health and substance user regulations under a unified behavioral health 
framework.” 
“… [c]ommend the efforts of the Division of Mental Health and 
Addiction Services (Division) to modernize standards and strengthen 
integrated behavioral health services for New Jersey residents.” 
Lastly, there were comments that praised the Division’s rule as a means 
of modernizing the standards for services, including: 
“… [s]trongly support[s] the Department’s efforts to streamline and 
modernize behavioral health standards.” 
RESPONSE: The Division appreciates the comments in support of this 
new rule establishing minimum rules and standards of care for behavioral 
health (BH) treatment programs and services, which will move the system 
towards more integrated and unified standards for quality care. 
2. COMMENT: A couple of commenters recommended clarification
and review of various terms and definitions, and consideration of 
alignment between N.J.A.C. 10:36 an d 8:43K, Manual of Standards for 
Licensure of Outpatient and Integrated Care Facilities (proposed 
separately by the Department of Health), with respect to the usage of terms 
and definitions. The commenters also pointed out that some terms are used 
in one chapter, but not in the other chapter, and that sometimes there may 
be differences in how certain terms are defined in the two chapters. 
RESPONSE: The Division has reviewed the terms and definitions used 
at N.J.A.C. 10:36 and declines to make any changes at this time. With 
respect to the usage of some terms at N.J.A.C. 10:36 and not N.J.A.C. 
8:43K, or differences in definitions, the Division notes that the terms and 
definitions at N.J.A.C. 10:36 reflect usage and application with respect to 
ADOPTIONS HUMAN SERVICES 
 NEW JERSEY REGISTER, MONDAY, AP RIL 6, 2026 (CITE 58 N.J.R. 1383) 
the minimum rules and standards of care that govern the provision of BH 
treatment programs and services, as opposed to the licensing of facilities. 
Further, the Division recognizes that there may be differences in some 
definitions of terms, but does not find that those differences result in any 
inconsistency in definitions, but rather reflect usage of the term in a BH 
programmatic context. 
3. COMMENT: A few commenters noted the applicability of the new 
chapter to BH programs providing services to adults, the exclusion of 
individuals under 18 years old, and re quested clarification regarding the 
licensing and monitoring of mental health and substance use disorder 
(SUD) programs providing services to juveniles following the repeal of 
N.J.A.C. 10:37E and 10:161B by the Department of Human Services (the 
Department) and Department of Health (DOH), respectively. 
RESPONSE: The Division appreciates the need for clarification 
regarding the licensing, monitoring, an d regulation of mental health and 
SUD programs for juveniles. At this time, the Division declines to change 
the rules to apply to individuals under 18 years old because the licensing, 
monitoring, and regulation of ment al health and SUD programs for 
juveniles are outside the jurisdiction of the Division. Accordingly, the 
Division will share these comments with DOH and the Department of 
Children and Families, the State agencies responsible for the licensing, 
monitoring, and regulation of mental health and SUD programs providing 
services to juveniles in New Jersey. 
4. COMMENT: Two commenters noted that the new chapter does not 
address inspections, and recommended aligning inspection frequency for 
mental health and substance use programs at a consistent interval. One 
commenter also noted that DOH insp ects mental health programs every 
three years and SUD programs every two years. 
RESPONSE: Inspections of BH programs, including the frequency of 
inspections, are within the jurisdiction of DOH, the State agency 
responsible for licensing facilities that provide BH services in New Jersey. 
To the extent commenters are seeking to submit comments on inspections 
as addressed by DOH at N.J.A.C. 8:43K, then the commenters must 
submit their comments on inspections directly to DOH. Accordingly, the 
Division will share these comments about inspections with DOH. 
However, BH programs must comply with any monitoring activities 
conducted by the Department and Divi sion; see, for example, N.J.A.C. 
10:36-3.3. 
5. COMMENT: One commenter requested “clarification on the 
timeline for final adoption of N.J.A. C. 8:43K and guidance on interim 
expectations” to assist BH programs in preparing for compliance and 
integration of physical health care into BH services. 
RESPONSE: The DOH proposed new N. J.A.C. 8:43K, Manual of 
Standards for Licensure of Outpatient and Integrated Care Facilities, on 
April 21, 2025. Therefore, the notice of proposal and adoption of N.J.A.C. 
8:43K, including a timeline for the final adoption of N.J.A.C. 8:43K and 
interim guidance on physical health care, is outside the jurisdiction and 
responsibility of the Division. However, the Division will share this 
comment with DOH for their awareness. 
6. COMMENT: One commenter requested that reviews of 
biopsychosocial assessments be reduced to annual reviews, and another 
commenter requested that biopsychosocial assessments be conducted at 
“intake only” and any reviews be removed in their entirety. Both 
commenters indicated such changes are necessary to reduce 
administrative burdens and avoid dup lication with “ongoing treatment 
planning and clinical review processes.” 
RESPONSE: The Division declines to change the frequency of reviews 
for biopsychosocial assessments and disagrees with the commenters that 
the review frequency is duplicative and burdensome. The Division 
believes that the frequency of reviews for biopsychosocial assessments for 
outpatient, intensive outpatient, and partial care services is appropriate, 
reasonable, and reflects best practi ce for patient care and treatment. The 
review frequency, as defined for each level of care, ensures that the 
biopsychosocial assessment reflects a patient’s current clinical status and 
is responsive to a patient’s evolving clinical needs over the course of 
treatment. 
Further, review of the biopsychosocial assessment is not duplicative to 
care planning; rather, this review and any needed updates are an essential 
tool that informs a patient’s BH care plan. Moreover, the review frequency 
is not burdensome; a “review” of a patient’s biopsychosocial assessment 
does not require that the assessment be performed again; rather, this 
review only requires documentation in a patient’s treatment record that 
their biopsychosocial assessment was reviewed, and if necessary, was 
updated to reflect the patient’s current needs and status. 
7. COMMENT: One commenter noted that “[t]he proposed regulations 
continue to require nine hours of weekly service for [intensive 
outpatient]” addictive disorder services and suggested “a more flexible 
model” to support an individualized approach to a patient’s clinical needs. 
RESPONSE: Pursuant to the American Society of Addiction Medicine 
(ASAM) criteria, intensive outpatient (IOP) addictive disorder services 
consist of a minimum of nine hours per week. The ASAM Criteria is a 
nationally recognized and standardized set of guidelines that uses a 
person-centered approach to assist in determining the appropriate level of 
care and placement for an individual with an addictive disorder. The 
Division believes defining a minimum contact hour requirement of nine 
hours for IOP is appropriate, reasonable, and consistent with ASAM 
criteria. Therefore, the Division declines to make any changes to the 
requirement at N.J.A.C. 10:36-7.4( a)1 that a patient receiving IOP 
addictive disorder services must receive “a minimum of nine contacts 
hours or more a week.” 
8. COMMENT: Two commenters recommended establishing a mental 
health intensive outpatient level of care at N.J.A.C. 10:36 as a “step down” 
option between partial care and outpatient levels of care to align with care 
models and improve client access to appropriate levels of service. 
RESPONSE: The Division appreciates the recommendation to include 
mental health intensive outpatient as a level of care at N.J.A.C. 10:36 and 
may consider the recommendation in a future rulemaking. At this time, 
the standards proposed by DOH for intensive outpatient mental health 
pursuant to N.J.A.C. 8:43K, Manual of Standards for Licensure of 
Outpatient and Integrated Care F acilities, shall apply to intensive 
outpatient mental health services. 
9. COMMENT: Two commenters expr essed concerns that N.J.A.C. 
10:36-5.11(f), which requires a BH program to “provide education on, and 
facilitate assistance with, execution of psychiatric advance directives to 
the patient prior to their discharge, ” could be interpreted to “pressure” 
patients to complete a psychiatric advance directive (PAD), and requested 
amendments to ensure that PADs are “voluntary” and are not an 
“administrative requirement” or “a condition of discharge or service 
access.” 
RESPONSE: The Division declines to ch ange N.J.A.C. 10:36-5.11(f) 
and disagrees that it needs clarification to ensure that PADs are voluntary 
in nature. The standard only requires that BH programs provide education 
to patients about PADs and facilitate assistance with execution of the 
patient’s PAD prior to their discharge from services. The standard does 
not mandate the execution of PADs by patients, but rather ensures that 
patients are informed about PADs and that patients interested in 
developing a PAD prior to their discharge have access to the necessary 
information, assistance, and forms to create their PAD. 
10. COMMENT: Two commenters recommended that the Division: 
(1) “[e]ncourage or require peer involvement in PAD education and 
facilitation”; (2) fund and train peer-run organizations to provide PAD 
workshops and technical assistance; and (3) integrate PAD education or 
awareness into peer-led wellness, crisis-alternative, and recovery 
education/relapse prevention programs. 
RESPONSE: Although the Division recognizes the value of peer 
involvement in PAD education and facilitation, the Division declines to 
prescribe standards mandating the use of peers in PAD education and 
facilitation. Also, peers and peer support services are outside the scope of 
this rulemaking and are addressed by DOH at N.J.A.C. 8:43K; see, for 
example, N.J.A.C. 8:43K-6.6. Howeve r, nothing in this rule precludes 
peer staff from providing support and guidance to others on their recovery 
journey, including with respect to PADs, so long as peer support services 
are consistent with the standards set by DOH. Further, the Division notes 
that funding of peer organizations is outside the scope of this rulemaking. 
11. COMMENT: Two commenters expressed concern about the 
potential “misuse of PADS in SUD” treatment services, and 
recommended that the Division amend the rule to state that PADs cannot 
be used “to mandate medication-assisted treatment or conditional 
participation;” “[s]hould emphasize harm-reduction, relapse-prevention, 
HUMAN SERVICES ADOPTIONS 
(CITE 58 N.J.R. 1384) NEW JERSEY REGISTER, MONDAY, APRIL 6, 2026 
and voluntary engagement;” and “[m]ust respect the [patient’s] right to 
revoke or amend [a PAD] at any time.” 
RESPONSE: The Division declines to make any changes in response 
to this comment. There is no need fo r further clarification at N.J.A.C. 
10:36 because PADs are psychiatric in nature, express and reflect patient 
preferences about treatment, and may be revoked or amended by patients 
pursuant to law. See N.J.S.A. 26:2H-106.a. As such, a PAD cannot be 
used to mandate any form of trea tment, including medication-assisted 
treatment or SUD treatment. Of course, a PAD may be used by a patient 
to reflect their preference for SUD care, as this will assist caregivers in 
understanding a patient’s wishes in this regard. Further, a patient’s right 
to revoke or amend their PAD is governed and protected by State law. See 
N.J.S.A. 26:2H-106.d. 
12. COMMENT: Two commenters “encouraged” the Division to 
integrate peer staff and peer support services throughout N.J.A.C. 10:36. 
One commenter made additional requests for peer integration, including 
requiring peer participation in program design, governance, and 
evaluations, and supporting career development for the peer workforce. 
RESPONSE: Peers and peer support services are outside the scope of 
this rulemaking and are addressed by DOH at N.J.A.C. 8:43K; see, for 
example, N.J.A.C. 8:43K-6.6. To the extent the commenter is seeking to 
submit comments on peer staffing standards set forth by DOH at N.J.A.C. 
8:43K, then the commenter must submit their comments on staffing 
directly to DOH. Accordingly, the Division will share these comments 
about peer staffing with DOH. Las tly, career development for the peer 
workforce is outside the scope of this rulemaking. 
13. COMMENT: One commenter recommended alignment of the BH 
Program Service Standards “with nationally recognized clinical 
guidelines by explicitly adding routine screening for medication-induced 
movement disorders, such as tardive dyskinesia (TD), and 
cardiometabolic conditions associated with antipsychotic medications in 
sections addressing screening and assessment service and medication 
monitoring.” Further, the commenter requested the standards at N.J.A.C. 
10:36-5.2, Screening and assessment services and tools, 5.6, Medication 
services, and 8.4, PC services screening and assessment services and 
tools, be changed to include medi cation-induced movement disorders, 
such as TD, and cardiometabolic conditions. 
RESPONSE: The Division declines to specifically require assessment 
and monitoring of medication-induced movement disorders and 
cardiometabolic conditions. Although the assessment and monitoring of 
medication-induced movement disorders, including TD, and 
cardiometabolic conditions, may be clinically appropriate, the intent of 
the standards at N.J.A.C. 10:36-5.2, 5.6, and 8.4 is to establish the 
minimum standards for screening and assessment services and tools, and 
medication services. Therefore, a BH program is not precluded from 
conducting assessment and monitoring for medication-induced movement 
disorders and cardiometabolic cond itions in accordance with best 
practices and as may be clinically appropriate for individual patients. 
14. COMMENT: One commenter stated that “[i]t is important that all 
mandated staffing, services and administrative tasks be aligned with and 
supported by billing options, with clear guidance” and recommended 
billing guidance be provided. 
RESPONSE: The Division notes that the provision of billing guidance 
is outside the scope of this rulemaking, and reimbursement issues are 
within the purview of the Division of Medical Assistance and Health 
Services. 
15. COMMENT: One commenter indicated that the reference to the 
New Jersey Substance Abuse Monitoring System (NJSAMS) as an 
example of an electronic database an d management system at N.J.A.C. 
10:36-3.3(a) implies application to all BH programs, including mental 
health programs, and recommended “including for substance use 
programs” be added to clarify the application of NJSAMS to BH 
programs. 
RESPONSE: The Division believes that this standard is sufficiently 
clear, and it does not require clarifica tion. Pursuant to N.J.A.C. 10:36-
3.3(a), a BH program must timely report and submit data and information, 
as required, into an electronic data base and/or management system, as 
applicable to their program services. Thus, behavioral health programs 
need only report and submit data and information into those electronic 
database and management systems that the Department and/or the 
Division identifies and requires that they use for reporting purposes. As 
the commenter noted, the reference to NJSAMS was an example of one 
such electronic database and management system designated by the 
Department and the Division for the management of data and information 
for BH programs providing addiction services. Further, it is the 
responsibility of the BH program to ensure that they are reporting and 
submitting data and information for th e services that they are providing 
into the applicable system, as requir ed and identified by the Department 
and/or the Division. If a BH program is unsure of the system(s) into which 
it must report and submit data and/or information, then the BH program 
should seek specific guidance from the Department and/or the Division. 
16. COMMENT: One commenter expressed appreciation for the 
“clearly documented process” for the submission of waiver requests at 
N.J.A.C. 10:36-3.4. 
RESPONSE: The Division thanks the commenter for its support. 
17. COMMENT: One commenter noted that this rulemaking requires 
compliance with applicable staffi ng requirements set forth by DOH, 
including at DOH’s proposed new N.J.A.C. 8:43K, and Federal standards. 
The commenter further submitted comments and/or recommendations to 
the staffing requirements set forth by DOH at N.J.A.C. 8:43K, including 
with respect to the following: progr am director, clinical supervisor, 
medical services supervisor, medical staff, and primary case coordinator. 
The commenter also requested the inclusion of one staff position in the 
staffing standards at N.J.A.C. 10:36, but the request was vague and 
ambiguous. 
RESPONSE: The staffing standards for BH programs are within the 
jurisdiction of DOH, the State agency responsible for licensing facilities 
providing BH services in New Jersey. As such, the Division declines to 
include any additional staffing requi rements at N.J.A.C. 10:36-4, BH 
Program Staffing Requirements. Further, to the extent the commenter is 
seeking to submit comments on the st affing standards set forth by DOH 
at N.J.A.C. 8:43K, the commenter must submit their comments directly to 
DOH. The Division will also share these comments about staffing with 
DOH. 
18. COMMENT: One commenter stated that only a nurse, APN, or 
psychiatrist is “qualified to fully assess for both physical health and/or 
withdrawal issues” and, therefore, a BH program will need to add medical 
staff to conduct the screening for physical health and substance 
withdrawal that is required as part of the admission intake process 
requirement at N.J.A.C. 10:36-5.1(a)7. 
RESPONSE: N.J.A.C. 10:36-5.1(a) 7 requires a “[s]creening for 
physical health and substance withdrawal to identify physical health 
and/or withdrawal issues that re quire immediate medical intervention 
precluding admission to the BH program.” Significantly, the requirement 
involves a “ screening” and not, as the commenter indicates, a full 
assessment. As such, the Division disagrees with the commenter that the 
requirement at N.J.A.C. 10:36-5.1(a) 7 requires the addition of medical 
staffing. The Division believes that non-medical staff can inquire into, and 
collect information about, a patient ’s medical status, history, and 
medication through a screening tool , such as a questionnaire. Upon 
gathering this information, non-medical staff can facilitate evaluation by 
an appropriate health care professional and/or any further assessment and 
evaluation by an appropriate health care professional. At the same time, it 
is the BH program’s responsibility to ensure that only properly qualified 
staff perform evaluations using screening and assessment tools consistent 
with N.J.A.C. 10:36-5.2(b). 
Moreover, BH programs should already have in place mechanisms to 
ensure that individuals in need of immediate medical intervention are 
properly screened and, if appropriate, referred for further medical 
evaluation and intervention prior to admission. Additionally, screening is 
necessary because individuals served in BH program settings have higher 
rates of medical co-morbidity and may have undiagnosed and/or untreated 
medical problems. 
Accordingly, the Division believes it is reasonable and appropriate to 
screen for physical health and substance withdrawal issues during the 
admission intake process. 
19. COMMENT: With respect to N.J.A.C. 10:36-5.2(a), one 
commenter requested “[m]ore clarity ... regarding which listed items this 
applies to as tools to meet this requirement may not exist for all the 
listed/required screenings.” 
ADOPTIONS HUMAN SERVICES 
 NEW JERSEY REGISTER, MONDAY, AP RIL 6, 2026 (CITE 58 N.J.R. 1385) 
RESPONSE: According to N.J.A.C. 10:36-5.2(a), BH programs must 
“use evidence-based, nationally recognized, and peer-reviewed screening 
and assessment tools.” To the extent the commenter is requesting a list of 
each and every evidence-based, nationally recognized, and peer-reviewed 
screening and assessment tool for all of the screening and assessment 
services required pursuant to the rulemaking, the Division declines to 
provide a list in recognition that screening and assessment tools evolve 
over time, and because the identification of evidence-based, nationally 
recognized, and peer-reviewed screening and assessment tools is squarely 
within the expertise and knowledge of BH programs. To the extent the 
commenter is asking for clarification of the application of N.J.A.C. 10:36-
5.2(a), the requirement at N.J.A.C. 10:36-5.2 for use of evidence-based, 
nationally recognized, and peer-reviewed screening and assessment tools 
applies to any and all screening a nd assessment tools used by the BH 
program in the provision of BH services. 
20. COMMENT: With respect to N.J.A.C. 10:36-5.2(e), one 
commenter asked, “whether ther e will be a separate document 
required/specified for the immediate needs assessment and the current 
biopsychosocial assessments will be amended or if the immediate needs 
assessments will continue to be in corporated in the biopsychosocial 
assessments.” 
RESPONSE: The intent of the immediate needs assessment (INA) is 
to identify and address a patient’s immediate needs related to food, shelter, 
and medications, as applicable, before completion of the more 
comprehensive biopsychosocial assessment. The INA must be completed 
at the patient’s first visit to the BH program, and if any immediate needs 
are identified, then the BH program must “make appropriate referrals 
and/or linkages to assist the patient in addressing their immediate needs.” 
See N.J.A.C. 10:36-5.2(e)1. Accordingly, the INA must be a separate 
document. 
21. COMMENT: One commenter recommended deleting N.J.A.C. 
10:36-5.3(d) because, they maintain, updating the BH care plan at the time 
of discharge is redundant when there is a separate discharge plan. 
RESPONSE: For the reasons discussed below, the Division declines to 
delete N.J.A.C. 10:36-5.3(d) and di sagrees with the commenter that 
addressing discharge in the BH care plan is “redundant” to any 
documentation completed for the patient at discharge. 
N.J.A.C. 10:36-5.3(d) requires that, at the time of discharge, the 
patient’s BH care plan address certain minimum items, including the 
patient’s needs post-discharge, safety planning and harm reduction 
strategies, and referrals and/or linkages to other services and/or resources. 
Also, discharge planning must be incorporated into the patient’s BH care 
plan, which planning is to be commenced upon admission. 
Notably, a BH program is not required to complete a “discharge plan” 
pursuant to the BH Program Service Standards. Rather, the BH program 
must provide a patient with the following documentation at discharge: (1) 
a copy of their BH care plan, see N.J.A.C. 10:36-5.3(b)3; (2) a safety, 
crisis, and/or relapse prevention pl an, as clinically appropriate, see 
N.J.A.C. 10:36-5.11(e); and (3) disc harge instructions, see N.J.A.C. 
10:36-5.11(g). 
The patient’s BH care plan is a comprehensive document that follows 
and evolves with the patient through their treatment, and, as such, it must 
be reviewed and updated at the time of discharge to reflect the patient’s 
current needs, their treatment progress, and transition planning at the time 
of discharge. The discharge instructions are a separate document that 
focuses, at a minimum, on recomme ndations and referrals for continued 
services and medication needs and management. The targeted content of 
the discharge instructions is aimed at assisting the patient in navigating 
their post-discharge needs, including any follow-ups to obtain continued 
services. As such, the Division disa grees that there is any redundancy 
between the BH care plan and discharge documentation, including 
discharge instructions. Rather, the documentation required to be provided 
to a patient at discharge is complementary and intended to best support 
the patient during and after their discharge. 
22. COMMENT: One commenter states that the requirements at 
N.J.A.C. 10:36-5.6 will require medical staffing, new billing codes, and 
recommended clarification that: “... medication management continue to 
be only required of MH PC programs; the prescriber entity is responsible 
for medication management for OP, IOP, and SU PC patients; the 
prescribing entity is responsible for medication education and monitoring; 
medication services be provided according to the prescriber based on 
clinical indications; and that billing guidance be issued for those services.” 
RESPONSE: According to N.J.A.C. 10:36-5.6, a BH program must 
either “provide or arrange for the provision of medication services to 
patients to treat behavioral health conditions.” (emphasis added). For 
those BH programs that do not provide medication services directly, they 
“must facilitate the provision of medi cation services to patients.” Thus, 
the rule does not mandate that a BH program provide medication services, 
nor does it require any substantial increase in staffing. Rather, BH 
programs have the option of either directly providing medication services 
or making arrangements for patients to obtain medication services to treat 
their BH condition with another provider agency or health care 
professional. Also, if a BH program chooses to provide medication 
services directly, then that BH program must meet the applicable 
standards at N.J.A.C. 10:36-5.6, and have the appropriate staff employed 
to provide medication services, including medication education, 
management, and monitoring, to patients. 
To the extent the commenter seeks clarification regarding the provision 
of medication education, management, and monitoring at N.J.A.C. 10:36-
5.6(b), these requirements only apply when the BH program itself is 
providing medication services directly as part of the treatment services 
offered to patients. Hence, if a patient is prescribed medication by a health 
care professional that is not connected to the BH program, then the BH 
program is not responsible for medication education and management of 
the patient’s medication as prescribed by that professional. However, the 
BH program should collaborate and coordinate with the professional with 
respect to medication monitoring as required at N.J.A.C. 10:36-5.6(b)3, 
including in accordance with any and all applicable Federal and State 
confidentiality laws, rules, and regulations. 
With respect to billing options a nd guidance, the provision of billing 
guidance is outside the scope of this rulemaking and the purview of the 
Division of Mental Health and A ddiction Services. The Division, 
therefore, declines to make any changes at N.J.A.C. 10:36-5.6, as may be 
recommended by the commenter. 
23. COMMENT: One commenter asserts that N.J.A.C. 10:36-5.7(b) is 
a “new requirement” and requested clarification “on expectations as well 
as billing codes and guidance ...” 
RESPONSE: With respect to the offering of psychoeducation services 
to family members and other supportive persons identified by the patient, 
and when appropriate, the Division disagrees that this is a “new” 
requirement and notes that family counseling and therapy sessions satisfy 
this requirement, and such sessions are already a basic component of 
behavioral health treatment services. Further, psychoeducation services 
for family members and other supportive persons are a recognized best 
practice and result in positive outcomes for patients. Lastly, the Division 
declines to provide billing guidance because that is outside the scope of 
this rulemaking and the Division’s purview. 
24. COMMENT: One commenter noted that N.J.A.C. 10:36-5.7(c) 
listed education topics, and that “[ n]ormally, specific topics are not 
documented, however, some inspectors have wanted to see such 
documentation.” The commenter requested clarification on “[t]he 
expectations for documentation ...” 
RESPONSE: N.J.A.C. 10:36-5.7(c) requires that a BH program 
provide education to patients, including minimally on certain topics listed 
at N.J.A.C. 10:36-5.7(c)1, 2, 3, a nd 4. To be clear, it is the Division’s 
expectation that a BH program documents any and all education provided 
to patients, including the topics covered. 
25. COMMENT: One commenter asserts that there is a contradiction 
between N.J.A.C. 10:36-7.4(b) and 8:43K-6.11(b) and requests guidance 
on how to reconcile and operationalize these requirements. 
RESPONSE: The Division disagrees that N.J.A.C. 10:36-7.4(b) and 
8:43K-6.11(b) are contradictory or need reconciliation. Both standards 
pertain to patient attendance in IOP addictive disorder services and are 
complementary to one another in supporting the transition of a patient 
from IOP addictive disorder services to another level of care. Further, 
N.J.A.C. 10:36-7.4(b) supports clini cal determinations with respect to 
attendance, the continued appropriateness of placement of a patient in IOP 
addictive disorder services, and the need to transition a patient from IOP 
addictive disorder services to anothe r level of care. To the extent the 
commenter is asking for guidance on the operationalization of these 
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standards, such guidance is outside the scope of this rulemaking. 
However, the Division will consider whether any guidance regarding 
operationalization is necessary, and in so doing, may elicit stakeholder 
input on operationalization. 
26. COMMENT: One commenter requested the addition of language 
at Subchapter 9, Program Standards for Opioid Treatment Program (OTP) 
Services, to explicitly state the lack of applicability of the “regularly 
scheduled counseling” requirements in Subchapters 6, 7, and 8 to opioid 
treatment programs. 
RESPONSE: Pursuant to N.J.A.C. 10:36-9.1(a), only Subchapters 1, 2, 
3, and 4 apply in full to OTPs, and only N.J.A.C. 10:36-5.8, 5.9, and 5.10 
at Subchapter 5 apply to OTPs. Further, Subchapters 6, 7, and 8 only apply 
to those BH programs that are providing the level of care identified by the 
subchapter; that is, Subchapter 6 app lies to outpatient addictive disorder 
and/or mental health services; Subchapter 7 applies to intensive outpatient 
addictive disorder services; and, S ubchapter 8 applies to partial care 
mental health and/or partial care addictive disorder services. The Division 
believes that the language at N.J.A. C. 10:36-9.1(a), specifically stating 
what subchapters, or specific standards within a subchapter, apply to 
OTPs, is sufficiently clear to express the standards applicable to OTPs 
pursuant to this rulemaking. However, to the extent that an OTP elects to 
be licensed to provide another level of care, the OTP will need to adhere 
to standards applicable to that distinct level of care in providing services 
to patients. 
27. COMMENT: One commenter requested language to ensure that 
references to the ASAM and DSM are to the “most current” editions of 
each source, including, in part, to address that The ASAM Criteria may 
be released in different “population-specific” versions. 
RESPONSE: The Division believes the definitions of “ASAM criteria” 
and “DSM” at N.J.A.C. 10:36-2.1 are sufficiently clear in that they are 
inclusive of subsequent editions. Specifically, the definitions already 
include language indicating that The ASAM Criteria and DSM are 
incorporated “as amended and suppl emented.” As a further point of 
clarification, the incorporation of The ASAM Criteria is limited to adults, 
consistent with the application of this rulemaking to BH services provided 
to adults. 
28. COMMENT: One commenter recommended that the Division 
“further enhance low-barrier, patient-centered treatment within OTPs” by 
“strengthening and expanding access to take-home methadone; clarifying 
authorization for methadone guest dosing; explicitly authorizing interim 
treatment in alignment with Federal regulations; and establishing a patient 
advisory structure.” 
RESPONSE: The Division believes that program standards for OTPs 
at N.J.A.C. 10:36 are client-centered. Further, to the extent that the 
commenter is suggesting that the Division adopt Federal reforms with 
respect to OTPs, this rulemaking represents a substantial departure from 
standards applicable to OTPs pursuant to N.J.A.C. 10:161B (proposed for 
repeal by DOH) and, rather, aligns with and defers to Federal standards 
for OTPs, including 42 CFR 8.12i (“take home” medication doses) and 
8.12j (interim treatment). 
29. COMMENT: One commenter expressed concern that the language 
at N.J.A.C. 10:36-5.10(b) with resp ect to “relapse” may be “susceptible 
to a narrow interpretation” applying only to a patient’s return to use after 
a period of abstinence, exclusive of a patient’s continued use. The 
commenter also expressed concern that the term “relapse” is potentially 
stigmatizing and should be avoided in the rulemaking. 
RESPONSE: The Division will review whether there is a need to make 
any changes to language to address the commenter’s concerns regarding 
the use of “relapse” at N.J.A.C. 10:36-5.10(b), but declines to make any 
changes in response to this comment because the term “relapse” as used 
at N.J.A.C. 10:36-5.10(b), and else where in the rulemaking, functions 
appropriately in the context of the standards articulated. 
30. COMMENT: One commenter recommended changing N.J.A.C. 
10:36-5.8 to “[e]stablish guardrails on the use of administrative discharge 
for patient unavailability” and speci fically requested amendments “to 
impose a minimum period (for example, no less than 30 days) before a 
BH program may administratively disc harge a patient for unavailability, 
require a BH program to make reasonable attempts to reestablish contact 
with a patient deemed unavailable, and require BH programs to document 
such attempts to reestablish communication in a patient’s record.” 
RESPONSE: The Division believes the current standards set out at 
N.J.A.C. 10:36-5.8, Administrative discharge from the BH program, 
allow for clinical discretion with respect to discharge of patients who 
become unavailable, and further prescription of standards is unnecessary 
at this time. Additionally, the standards require that the BH program make 
reasonable efforts to issue discharge instructions and ascertain whether 
the patient wants their discharge instructions shared with family members 
or other supportive persons. See N.J.A. C. 10:36-5.8(c). Thus, in making 
reasonable efforts pursuant to N.J. A.C. 10:36-5.8(c), the BH program 
would need to attempt to contact the patient regarding their discharge 
instructions and ascertain whether the patient wants their discharge 
instructions shared with family members or other supportive persons. 
Further, it is expected that the BH program will document its reasonable 
efforts as a matter of good practice in the patient’s treatment record. 
Accordingly, the Division declines to change N.J.A.C. 10:36-5.8. 
31. COMMENT: One commenter requested clarification regarding the 
“intent of provisions on voluntary di scharge” and questioned “why the 
proposed rule must specify the circumstances in which voluntary 
discharge is permissible — outside of legally mandated treatment, a 
patient remains free to exit treatment for any reason or no reason.” The 
commenter recommended an amendment to “specify that the patient must 
be involved in the process of determining and consent to any final 
determination that they have met th e conditions specific in subsections 
(a)(1) or (a)(2).” 
RESPONSE: The Division includes “voluntary discharge” to address 
circumstances outside of an administrative discharge or involuntary 
discharge where patients may elect to discontinue receiving services by 
their own choice, or when a BH program determines discharge is 
appropriate because a patient has reached maximum benefit in their level 
of care and/or met all of their treatment goals, or a patient has reached 
maximum benefit in their level of care and is transitioning to another level 
of care. It is the Division’s expe ctation that the voluntary discharge 
process be one in which the BH program and patient are engaged in shared 
decision making about the patient’s discharge. The Division also believes 
the voluntary discharge standards suffi ciently recognize that patients are 
“free to exit treatment for any reason or no reason.” 
Regarding patients’ involvement in the process of voluntary discharge 
pursuant to N.J.A.C. 10:36-5.9(a)1 and 2, the Division believes that the 
standards sufficiently contemplate patients will be involved in the 
discharge process through the issuance of their discharge instructions and 
in the course of ascertaining whether patients want their discharge 
instructions shared with family members or other supportive persons. See 
N.J.A.C. 10:36-5.9(c). Therefore, the Division declines to change 
N.J.A.C. 10:36-5.9. 
32. COMMENT: One commenter r ecommended that N.J.A.C. 10:36-
9.2(b)2 be made applicable and extended to all BH programs with respect 
to medically managed withdrawal from opioid agonist medication. In 
addition, this commenter recommended that N.J.A.C. 10:36-9.2(c) be 
made applicable to all BH programs with respect to continued medication 
access during the pendency of an appeal. 
RESPONSE: N.J.A.C. 10:36-9.2(b)2 re quires that prior to a patient’s 
involuntary discharge, the OTP must facilitate a patient’s medically 
managed withdrawal from their opi oid agonist medication, when 
appropriate. N.J.A.C. 10:36- 9.2(c) requires that when a patient elects to 
appeal their involuntary discharge, an OTP must maintain the patient’s 
access to medication pending the outcome of the BH program’s internal 
appeals process. 
Both of these OTP-specific standards reflect the specialized nature of 
medication services provided to patie nts by an OTP — particularly, that 
methadone, a highly regulated medication, may only be accessed as an 
opioid agonist medication through an OTP. Thus, the standards at 
N.J.A.C. 10:36-9.2(b)2 and (c) addre ss the need to facilitate medically 
managed withdrawal in an OTP setting from methadone, as well as the 
need for continued contact by the patient with the OTP for access to 
methadone during the pendency of their appeal. 
Regarding non-OTP settings and continued medication access during 
the pendency of an appeal of an involuntary discharge, the Division 
believes that the standards at N.J.A. C. 10:36-5.10(c) are sufficient to 
address continuity of care for medication services in non-OTP settings. 
Pursuant to N.J.A.C. 10:5-10(c), a BH program must issue discharge 
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instructions, which must address recommendations and referrals for 
medication needs and management and, if the patient consents, assist the 
patient with linkages to services, which may include medication services. 
To the extent the commenter is also recommending that patient consent 
to medically managed withdrawal be addressed at N.J.A.C. 10:36-9.2(b)2, 
the Division believes that patient consent and cooperation is inherently 
necessary to implement medically managed withdrawal, and further, that 
obtaining patient consent is best practice. 
Therefore, the Division declines to make the standards at N.J.A.C. 
10:36-9.2(b)2 and (c) applicable to all BH programs. 
33. COMMENT: One commenter recommended that the Division 
“include language explicitly prohibiting punitive reductions in medication 
dosages or reductions in medication take-home privileges” and that the 
Division “reinforce the NJ DOH Proposed Rule’s protections against 
administrative or involuntary discharge based on drug screening, 
toxicology, or other laboratory results.” 
RESPONSE: The Division declines to make the specific changes at 
N.J.A.C. 10:36 recommended by th e commenter. Although the Division 
declines to make such changes, it is the Division’s expectation that BH 
programs will not engage in punitive actions with regard to medication 
dosages or medication take-home privileges because a patient may be 
uncooperative with counseling or other services available at the BH 
program. If a patient is uncooperative or unwilling to engage in the full 
continuum of treatment services, in cluding counseling, the BH program 
should meet with the patient to i nquire whether the patient wants to 
continue receiving services — inclusive of all essential components of 
their BH care plan — or whether the patient’s needs may be better met 
through another BH program provider or health care professional. The 
Division notes that medication, along with counseling and other treatment 
services, are best practices, and this full spectrum of services is typically 
provided by a BH program. The Division further notes that patients must 
be “willing to participate” in treatment services (see admission eligibility 
criteria at N.J.A.C. 8:43K-6.10, 6.11, and 6.12). 
Notably, N.J.A.C. 8:43K applies to all BH programs licensed by DOH 
to provide BH services to adults in an outpatient setting. As such, BH 
programs governed by N.J.A.C. 10:36 must comply with all standards 
established by DOH at N.J.A.C. 8:43K, and it is unnecessary to 
“reinforce” or duplicate DOH’s standards in this rule. 
To the extent that the commenter is requesting that the Division address 
these recommendations in standards related to policies and procedures, or 
patient rights, both of those areas are within the jurisdiction of DOH and 
addressed at N.J.A.C. 8:43K, in cluding methadone withdrawal and 
dosage in OTPs at N.J.A.C. 8:43K-8.1(a)5. Accordingly, they fall outside 
the scope of this rulemaking. Additionally, the Division defers to Federal 
standards for OTPs, including 42 CFR 8.12i (“take home” medication 
doses). 
34. COMMENT: One commenter noted that “[t]he proposed rule 
requires BH programs seeking to involuntarily discharge a patient to 
provide the patient with written notice of ‘ internal appeal procedures’” 
(emphasis in original). The commenter recommended expanding 
“procedural protections to advers e actions other than involuntary 
discharge, including by requiring BH programs to provide patients with 
notice and an opportunity to appeal any adverse action.” Further, the 
commenter recommended establishing “requirements and guardrails” in 
BH program policies and procedures regarding patient appeals. Lastly, the 
commenter requested clarification of any process by which “a patient may 
file an appeal with the State to ch allenge a facility’s determination in a 
patient’s appeal.” 
RESPONSE: The Division declines to expand the written notice 
requirements at N.J.A.C. 10:36-5.10(b) to administrative discharges or 
adverse actions, or prescribe specific requirements for internal appeal 
procedures for BH programs with respect to “adverse actions.” N.J.A.C. 
10:36-5.10(b) requires that prior to an involuntary discharge, BH 
programs must provide a patient with written notice of the involuntary 
discharge, which shall include the reasons for the involuntary discharge 
and internal appeal procedures. Although the Division believes it is 
necessary to establish this written notice requirement for involuntary 
discharges, the Division does not believe that a comparable notice 
requirement is necessary for administr ative discharges due to a patient’s 
unavailability or for other “adverse actions” that may be addressed 
through internal procedures established by a BH program. 
To the extent that the commenter is requesting that the Division address 
patient appeals in standards related to policies and procedures, this area is 
within the jurisdiction of DOH and addressed at N.J.A.C. 8:43K. It is, 
therefore, outside the scope of this rulemaking. In addition, if a patient has 
a complaint about their discharge from treatment services, the patient may 
submit a complaint to DOH, Certificate of Need and Licensing 
(https://www.nj.gov/health/healthfacilities/). 
35. COMMENT: One commenter requested that DMHAS “[a]ddress 
inconsistencies and/or direct conflicts with the NJ DOH Proposed Rule” 
regarding: 
(1) “if a patient receives medication treatment from a non-OTP 
outpatient BH program and declines the mandatory regularly scheduled 
counseling, therapy, and/or psyc hoeducation sessions: the Division’s 
proposed rule would expressly author ize involuntary discharge based on 
the patient’s refusal to participate in those treatment services while the NJ 
DOH Proposed Rule would explicitly prohibit involuntary discharge on 
such grounds”; and 
(2) with respect to discharge, “an inconsistency between the two 
proposed rules as the Division’s proposed rule requires neither patient 
consent nor confirmation of availability and the patient’s acceptance into 
the alternative level of care.” More specifically, the commenter points to 
the DOH rule as requiring patient consent and acceptance into an 
alternative level of care for discharge, whereas the Division’s rule allows 
a BH program to involuntarily discharge a patient “refusing to participate 
in treatment so long as the BH program ‘facilitates the patient’s referral to 
another clinically appropriate level of care.’” 
RESPONSE: The Division believes th e two rules referenced by the 
commenter are consistent with each other because the definition of 
“regularly scheduled” at N.J.A.C. 10:36-2.1 allows flexibility for those 
patients who may not be engaging with counseling services. It is within 
the clinician’s purview to determine whether counseling services are 
clinically indicated and the frequency of the same. However, it is the 
Division’s expectation that BH progr ams engage with clients who are 
resistant to counseling and other anc illary services that are clinically 
indicated. If a patient is uncooperativ e with all clinically indicated and 
offered services (except for medication), a BH program may need to re-
evaluate the patient’s continued e ligibility for services, including a 
determination of whether the patient is actively “willing to participate” in 
program services, see, for example, N.J.A.C. 8:43K-6.10(a)3, 6.11(a)4, 
and 6.12(f)1iii and 2iii. 
With respect to concerns about inconsistencies between the two rules 
regarding discharge, the Division does not believe that there is any 
inconsistency between the two rules. The DOH rule requires that policies 
and procedures address that a “facility does not discharge a patient to a 
higher, lower, or an alternative leve l of care without patient consent and 
enrollment confirmation, to the extent possible ...” N.J.A.C. 8:43K-
5.1(a)20iv (emphasis added). The DOH rule further requires that a BH 
services facility must establish policies and procedures addressing 
discharge, including “criteria fo r voluntary, administrative, and 
involuntary discharge, subject to” cer tain conditions, including that “[a] 
facility may discharge a patient to an alternative level of care only with 
the patient’s consent, and upon confir mation of availability of, and the 
patient’s acceptance into, the alternative level of care ...” N.J.A.C. 8:43K-
6.7(a)5i(2). The Division requires that when a BH program involuntarily 
discharges a patient for refusing to pa rticipate in their treatment, the BH 
program must facilitate the patient’ s referral to another clinically 
appropriate level of care. N.J.A.C. 10:36-5.10(a)2 and 9.2(b)1. 
The Division believes that the commenter has more narrowly construed 
DOH’s requirements than what DOH intends by the plain language at 
N.J.A.C. 8:43K-5.1(a)20iv. Specifi cally, DOH included the phrase, “to 
the extent possible”; this phrase contemplates that sometimes a patient 
may be unwilling to engage in a referral to another clinically appropriate 
level of care and that a discharge may occur without a patient’s consent 
and enrollment confirmation. Further, the Division believes that DOH 
intends for this acknowledgment of the lack of patient consent and 
enrollment confirmation to be equally applicable at N.J.A.C. 8:43K-6.7, 
to avoid any confusion. 
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Moreover, with respect to patient consent, if a BH program is 
facilitating a referral to another clini cally appropriate level of care for a 
patient, then the patient must be agreeable to the referral, and any referral 
must be done in accordance with applicable Federal and State 
confidentiality requirements. If a patient is not agreeable to a referral, in 
other words, does not consent to a re ferral, the BH program will not be 
able to assist and facilitate the patie nt’s referral to another clinically 
appropriate level of care. Thus, patient consent is already integral to the 
referral process and must be consistent with applicable State and Federal 
confidentiality laws and regulations. 
Accordingly, the Division believes the two rules can be read together 
and does not believe there are any inconsistencies between them. Should 
any issues or concerns arise during implementation of the two rules, the 
Division and DOH will engage collaboratively to address same. 
36. COMMENT: One commenter recommended that the Division 
modify the proposed rule to align with DOH’s proposed rule N.J.A.C. 
8:43K to expand requirements related to medication access and harm 
reduction services and supports and that N.J.A.C. 10:36-5.6(a) be 
amended to “explicitly state that the requirement for BH programs to 
provide or facilitate access to medication services to patients to treat 
behavioral health conditions includes patient access to clinically 
appropriate agonist and partial agonist medications for opioid use disorder 
(i.e., methadone and buprenorphine).” 
RESPONSE: Pursuant to N.J.A.C. 10:36-5.6(a), a BH program must 
provide or arrange for the provision of medication services to patients to 
treat BH conditions. Also, pursuant to N.J.A.C. 10:36-5.7(c)2 and 3, a BH 
program must provide education on harm reduction for addictive disorders 
and overdose prevention and information about how to access opioid 
overdose reversal medication. 
The Division disagrees with the commenter in that it needs to 
“explicitly state” types of medications that may be used to treat BH 
conditions. The type of medication that is used to treat a BH condition is 
squarely within the discretion of the prescribing health care professional 
and may encompass more than medications used to treat opioid use 
disorder, including medications to tr eat alcohol use disorder and mental 
health conditions. 
With respect to making changes to align with N.J.A.C. 8:43K, N.J.A.C. 
8:43K applies to all BH programs licensed by DOH to provide BH 
services to adults in an outpatient setting. As such, BH programs governed 
by N.J.A.C. 10:36 must comply with all standards established by DOH at 
N.J.A.C. 8:43K, and it is unnecessary to align with DOH’s standards in 
this rule. 
Therefore, the Division declines to make any changes to the 
rulemaking. 
37. COMMENT: One commenter proposed that N.J.A.C. 10:36-9.1 be 
modified to require that “BH programs operating OTP services to educate 
all patients on harm reduction, overdose prevention, and opioid overdose 
reversal medications rather than only requiring such education prior to a 
patient’s involuntary discharge.” 
RESPONSE: The Division declines to change the rule to add a 
requirement at N.J.A.C. 10:36-9. 1 for a BH program providing OTP 
services to provide education on harm reduction, overdose prevention, and 
opioid overdose reversal medications other than prior to a patient’s 
involuntary discharge. With respect to educational requirements, the 
Division defers to the Federal standards at 42 CFR Part 8, which includes 
harm reduction and recovery-oriented counseling at 42 CFR 8.12(f)5, and 
believes the education and informati on requirements prior to a patient’s 
involuntary discharge at N.J.A.C. 10:36-9.2(a)3 and 4 are sufficient. 
Therefore, the Division declines to change N.J.A.C. 10:36-9.1 to include 
any additional educational requirements. 
38. COMMENT: One commenter request ed modification at N.J.A.C. 
10:36-5.3(c)7 and 9.1 to require that all BH programs, OTPs, and non-
OTPs, “provide referral and/or linkages to harm reduction services for 
patients who use substances” to align with the DOH’s proposed rule, 
N.J.A.C. 8:43K. 
RESPONSE: This rulemaking sets forth the minimum standards for 
BH programs and does not preclude referral and/or linkages to harm 
reduction services for patients when such a referral is clinically 
appropriate. Indeed, referral and/or linkages should be based on the 
patient’s particular clinical and n on-clinical needs. Further, DOH has 
addressed referral for harm reduction services, see, for example, N.J.A.C. 
8:43K-5.2(c). Also, for OTPs, the Division defers to the Federal standards 
regarding harm reduction and referral at 42 CFR 8.12(f)5 and believes this 
standard is sufficient. Accordingly, the Division declines to amend the 
rulemaking to mandate referral and/or linkages for harm reduction 
services. 
39. COMMENT: One commenter commended the Division for 
recognizing the importance of naloxone access and noted that the 
rulemaking includes provisions requiring BH programs to provide 
information about opioid overdose reversal medication. The commenter 
recommended that the Division require BH programs to “offer a naloxone 
kit” to all patients with a history of opioid use or at risk for overdose. The 
commenter further recommended that the Division “require that naloxone 
kits include only formulations containing no more than four mg of 
naloxone per dose unless a patient specifically requests a higher dose 
product ...” 
RESPONSE: The Division declines to require that BH programs offer 
or provide naloxone kits to patients or set standards regarding the specific 
dosage of naloxone. The Division believes that the provisions in the 
rulemaking regarding information on access to opioid overdose reversal 
medication are sufficient. In addition, the Division notes that there are two 
DHS initiatives that offer naloxone access to New Jersey residents: (1) 
DHS Naloxone Direct is a naloxone distribution initiative that allows local 
government agencies, first responders, and other eligible entities, 
including DOH-licensed SUD provider agencies, to make requests for 
naloxone through an online portal; and (2) DHS Naloxone 365 is a DHS 
naloxone distribution initiative for individuals in the community through 
which individuals can simply walk into a participating pharmacy and ask 
the pharmacist for naloxone and recei ve a carton of naloxone 4mg nasal 
spray (two doses per carton) for free. 
40. COMMENT: One commenter recommended that DMHAS replace 
“21 U.S.C. § 823(h)(1)” with “21 U. S.C. § 823(h)” at N.J.A.C. 10:36-
9.1(f). 
RESPONSE: The Division declines to change the definition of OTP at 
N.J.A.C. 10:36-9.1(f) because that definition is consistent with the 
definition of OTP at 42 CFR 8.2, which defines an OTP as follows: 
“Opioid Treatment Program or OTP means a program engaged in OUD 
treatment of individuals with MOUD registered pursuant to 21 U.S.C. 
823(h)(1).” 
41. COMMENT: One commenter requested amending N.J.A.C. 10:36-
5.4, Safety plan, to clarify the contents of a safety plan, or alternatively, 
provide guidance on how BH programs may satisfy the requirement. 
RESPONSE: N.J.A.C. 10:36-5.4 requires a BH program to ensure that 
an evidence-informed safety plan is developed collaboratively with any 
patient experiencing suicidal ideation, ot herwise at risk for suicide, or at 
risk of overdose. The Division be lieves that BH programs have the 
familiarity and expertise to develop safety plans and declines to prescribe 
the specific contents of a safety plan in the rule. 
However, the Division may evaluate whether there is any need to 
propose changes with respect to safety plans, including defining the 
contents of a safety plan, in future rulemakings or issue guidance on safety 
plans to BH programs. 
42. COMMENT: One commenter requested that the Division 
“[m]odify or eliminate the requirement in proposed N.J. Admin. Code § 
10:36-5.6(d) for BH programs to ‘ensure that medications are 
administered in accordance with their approved product labeling.’” 
RESPONSE: The Division declines to modify or eliminate the 
provision at N.J.A.C. 10:36-5.6(d) requiring that BH programs “maintain 
current procedures to ensure that medications are administered in 
accordance with their approved product labeling” because this standard 
ensures that medication is safe a nd effective for patient use in the 
administration of medication. 
43. COMMENT: One commenter request ed clarification at N.J.A.C. 
10:36-5.1(a)5 because it “suggests differential application depending on 
whether a patient has an SUD.” The commenter further stated that “[o]ur 
best reading of the proposed language is that urine drug screens during 
admission intake are always considered clinically indicated for patients 
with an SUD while a BH program must specifically identify a clinical 
need before conducting a urine drug screen during intake for patients 
without an SUD.” The commenter further requested clarification between 
ADOPTIONS HUMAN SERVICES 
 NEW JERSEY REGISTER, MONDAY, AP RIL 6, 2026 (CITE 58 N.J.R. 1389) 
“the interaction” between N.J.A.C. 10:36-5.1(a)5 and 5.2(c)5 with respect 
to urine drug screens. 
RESPONSE: According to N.J.A.C. 10:36-5.1(a)5, a BH program 
must implement an admission intake process that includes “[l]aboratory 
testing, for example, urine drug screens, as may be clinically indicated, 
and for patients with an SUD, the intake process may include a urine drug 
screen and other applicable and clinically indicated laboratory testing ...” 
(emphasis added.) 
To the extent that the commenter believes that urine drug screens are 
“differentially applied” or mandated for patients with a substance use 
disorder diagnosis, the Division di sagrees. The language at N.J.A.C. 
10:36-5.1(a)5 indicates that a urine drug screen is based on clinical 
discretion, regardless of whether the patient has a SUD or other diagnosis. 
However, the intake process for a patient with a SUD “may include a urine 
drug screen and other applicable and clinically indicated laboratory 
testing.” (emphasis added.) Thus, the only distinction for patients with a 
SUD is that the admission intake pro cess may include “other applicable 
and clinically indicated laboratory testing.” Further, the Division does not 
believe it is necessary to clarify “the interaction” between N.J.A.C. 10:36-
5.1(a)5 and 5.2(c)5 with respect to urine drug screens because the 
standards are consistent with respect to clinical appropriateness for urine 
drug screens. 
44. COMMENT: One commenter encouraged the Division to 
“[a]ddress reimbursement for [medications for opioid use disorder] in the 
Division’s SUD Fee for Service Initiative,” but also recognized “this issue 
is beyond the scope of the present rulemaking.” 
RESPONSE: The Division appreciates the comment, but as the 
commenter recognized, reimbursement for MOUD is outside the scope of 
this rulemaking. 
Summary of Agency-Initiated Changes: 
1. At N.J.A.C. 10:36- 2.1, the Division is correcting a typographical 
error in the citation to The ASAM Criteria: Treatment Criteria for 
Addictive, Substance-Related, and Co-Occurring Conditions. 
2. At N.J.A.C. 10:36-2.1, the Divi sion is clarifying the definition of a 
BH care plan by removing the clause specifying that care plans must meet 
the requirements at N.J.A.C. 10:36-5.3. The definition now indicates that 
a BH care plan must meet the require ments of this chapter, which more 
clearly captures all standards applicable to a care plan, including, but not 
limited to, N.J.A.C. 10:36-5.3. 
3. At N.J.A.C. 10:36-2. 1, the Division is clarifying the definition of 
psychiatric advance directive for consistency with the definition of 
psychiatric advance directive at N.J. A.C. 10:32, Advance Directives for 
Mental Health Care, see specifically, N.J.A.C. 10:32-1.3, by updating the 
statutory cross-reference. 
4. At N.J.A.C. 10:36-8. 4, the Division is changing the following: (1) 
correcting the internal cross-reference to properly refer to N.J.A.C. 10:36-
8.4(b), and not 5.2(b); and (2) removing the reference to N.J.A.C. 10:36-
5.2(e) as being excepted for partial care services because an INA must be 
completed for partial care services consistent with N.J.A.C. 10:36-5.1(a)4 
and 8.2. 
Federal Standards Statement 
OTPs are subject to, and must comp ly with, Federal regulations that 
govern their operation and services, including regulations promulgated by 
SAMHSA, which is within the U.S. Department of Health and Human 
Services. Most particularly, SAMHSA sets forth regulations related to 
OTP accreditation, certification, and standards for the treatment of opioid 
use disorder (OUD) with medications for OUD at 42 CFR Part 8, 
Medications for the Treatment of OUD. 
In accordance with N.J.S.A. 52:14B-22 and E.O. No. 63 (2019), the 
Division reviewed the Federal regulations promulgated by SAMHSA for 
OTPs, and recognizes that the Federal standards provide adequate and 
acceptable minimum program standards for operation of, and services at, 
OTPs in New Jersey, and as such, the Federal standards “sufficiently 
protect the health, safety and welfare of New Jersey citizens.” N.J.S.A. 
52:14B-22. 
Therefore, the program standards applicable to OTPs in the Division’s 
rules demonstrate a substantial departure from current program standards 
applicable to OTPs and are propos ed for repeal by DOH at N.J.A.C. 
10:161B, including at Subchapter 11, Opioid Treatment Services. The 
Division has taken substantial steps to reduce regulatory burdens for OTPs 
by aligning with and deferring to the Fe deral standards for OTPs in this 
new chapter. Notably, any Division rules applicable to OTPs are minimal, 
and related primarily to areas outside the subject matter covered by the 
Federal regulations for which there is a particular State interest in setting 
standards to ensure the health, safety, and welfare of New Jersey citizens, 
including those regulations described below. 
1. OTPs must adhere to the “General BH Program Operational 
Requirements” set forth at Subchapter 3; these operational 
requirements are general standards related to legal compliance, 
confidentiality, data submission, and regulatory waivers. 
2. OTPs must comply with sta ndards related to administrative 
discharge, voluntary discharge, and involuntary discharge set 
forth at Subchapter 5 (BH Program Core Service Standards). 
Specifically, N.J.A.C. 10:36-5. 8, Administrative discharge 
from the BH program, 5.9, Vo luntary discharge from the BH 
program, and 5.10, Involuntary discharge from the BH 
program, set forth minimum standards defining discharge 
criteria and addressing discharge processes. 
3. OTPs must comply with se rvice-level-specific standards 
delineated at Subchapter 9, Program Standards for OTP 
Services. N.J.A.C. 10:36-9.1 addresses general requirements, 
including the need for compliance with applicable Federal laws 
and regulations. N.J.A.C. 10:36-9.2, OTP services involuntary 
discharge, sets forth additional minimum standards addressing 
involuntary discharge from an OTP, including standards related 
to management of medication for patients. 
Significantly, the operational requirem ents at Subchapter 3, and the 
core standards related to discharge at N.J.A.C. 10:36-5.8, 5.9, and 5.10, 
apply to all BH programs because they set forth foundational, operational, 
and core standards that assist in ensuring the health, safety, and welfare of 
New Jersey residents. Further, any additional or supplemental standards 
applicable to OTPs at Subchapter 9 reflect standards that enhance and 
promote the safe and effective delivery of services to patients in OTPs 
operating in New Jersey. 
In all, the standards applicable to OTPs in these new rules do not 
represent any material conflict or inconsistency with the Federal rules that 
apply to OTPs. And, although the Division believes the Federal standards 
are sufficient for purposes of regulation of OTPs, the Division also 
believes the standards as described above and applicable to OTPs in this 
new chapter are justified and necessary to promote safe and effective 
services in OTPs, and ensure patient s in OTPs operating in New Jersey 
are afforded the same quality of services and protections as patients 
receiving services in non-OTP BH programs. 
Full text of the adopted new rules follows (additions to proposal 
indicated in boldface with asterisks *thus*; deletions from proposal 
indicated in brackets with asterisks *[thus]*): 
CHAPTER 36 
BEHAVIORAL HEALTH PROGRAM SERVICE STANDARDS 
SUBCHAPTER 1. PURPOSE AND SCOPE 
10:36-1.1 Purpose 
The purpose of this chapter is to protect the health and safety of patients 
by establishing minimum rules and standards of care that govern the 
provision of behavioral health treatment programs and services to patients 
in New Jersey. 
10:36-1.2 Scope and applicability 
(a) This chapter applies to all fa cilities licensed by the New Jersey 
Department of Health pursuant to N.J. A.C. 8:43K, to provide behavioral 
health services to adults in an outpatient setting. Behavioral health 
consists of the following programs, services, and levels of care: outpatient 
addictive disorder and/or mental h ealth, intensive outpatient addictive 
disorder, partial care mental health, partial care addictive disorder, and 
opioid treatment programs. Behavioral health services pursuant to this 
chapter are provided in an outpatient setting to patients who present and 
depart on the same day. 
HUMAN SERVICES ADOPTIONS 
(CITE 58 N.J.R. 1390) NEW JERSEY REGISTER, MONDAY, APRIL 6, 2026 
(b) The rules in this chapter constitu te the basis for the monitoring of 
behavioral health care programs and services by the New Jersey 
Department of Human Services, Division of Mental Health and Addiction 
Services. 
SUBCHAPTER 2. DEFINITIONS 
10:36-2.1 Definitions 
The following words and terms, as used in this chapter, shall have the 
following meaning, unless the context clearly indicates otherwise. 
“Addictive disorder” means a clinical presentation that demonstrates 
signs and symptoms that substantiate diagnosis of an addictive disorder as 
defined in the DSM, such as a gambling disorder and/or substance use 
disorder. 
“Admission” or “admitted” means accepted for treatment at the BH 
program. 
“American Society of Addiction Medicine criteria” or “ASAM 
criteria” means the clinical guidelines for purposes of the assessment, 
treatment, placement, and transfer/discharge of individuals with addictive 
disorder. These ASAM criteria are set forth in *[the]* *The* ASAM 
Criteria: Treatment Criteria for Addi ctive, Substance-Related, and Co-
Occurring Conditions, Volume 1: Adu lts, 4th ed., Hazelden Publishing 
(2023), incorporated herein by reference, as amended and supplemented. 
“Behavioral health,” also referred to as “BH,” means the treatment of 
mental illness and/or addictive disorders. It includes the support of 
individuals with a mental illness or an addictive disorder, or individuals 
with a co-occurring disorder, who are experiencing and/or in recovery 
from these conditions. 
“BH care plan” means a plan of care developed collaboratively 
between the patient and patient’s inter-disciplinary team that meets the 
requirements of this chapter*[, specifically, at N.J.A.C. 10:36-5.3]*. 
“BH program” means behavioral health program services provided in 
or through a community outpatient setting to patients with a diagnosis of 
a mental illness and/or an addictive disorder. A BH program integrates a 
trauma-informed, culturally and linguistically appropriate approach in all 
aspects of service delivery and the patient care experience. A BH program 
provides services in one or more of the following service categories: (1) 
outpatient addictive disorder and/or mental health; (2) intensive outpatient 
addictive disorder; (3) partial care mental health; (4) partial care addictive 
disorder; and/or (5) opioid treatment program services. 
“Biopsychosocial assessment” means a multi-dimensional evaluation 
of the patient’s biological, psychological and social history, and status, as 
applicable and as identified by the patient, and collateral sources, as 
appropriate, to inform the BH care plan. 
“DEA” means the U.S. Drug Enforcement Administration. 
“Department” or “DHS” means the New Jersey Department of Human 
Services in this chapter, unless otherwise specified. 
“Department of Health” or “DOH” means the New Jersey Department 
of Health. 
“Division” or “DMHAS” means the New Jersey Division of Mental 
Health and Addiction Services within DHS. The Division is the Single 
State Authority for Substance Abuse and the State Mental Health 
Authority. 
“Document,” “documented,” or “documentation” means an electronic 
or written record. 
“Dosage” means the quantity of a medication to be taken or applied all 
at one time or in fractional amounts within a given time. 
“DSM” or “DSM-5-TR” means the Diagnostic and Statistical Manual 
of Mental Disorders, Fifth Edition, Text Revision, incorporated herein by 
reference, as amended and supplemented, the standard classification of 
mental disorders in the United States, published by and available from the 
American Psychiatric Association. 
“Evidence-based practices” means a treatment and/or intervention for 
specific problems that has demonstrated effectiveness through repeated 
empirical research. 
“Family members and/or other supportive persons” means immediate 
kindred, domestic partner, legal guardian, legally authorized 
representative, or an individual granted a power of attorney. The term may 
also include those persons having a commitment and/or personal 
significance to the patient. 
“FDA” means the U.S. Food and Drug Administration. 
“Immediate needs assessment” means an assessment used to identify a 
patient’s immediate needs related to food, shelter, and medications, as 
applicable. 
“Inter-disciplinary team” or “IDT” means those BH program staff who 
work together to provide treatment planning and care to a patient. 
“Medication” means a substance as defined by the New Jersey State 
Board of Pharmacy, N.J.A.C. 13:39-1.2. 
“Mental illness” means a mental, behavioral, or emotional disorder that 
can vary in impact, ra nging from no impairment to mild, moderate, and 
even severe impairment (for example, serious mental illness). 
“Opioid use disorder” or “OUD” means a cluster of cognitive, 
behavioral, and functional symptoms associated with a problematic 
pattern of opioid use that conti nues despite clinically significant 
impairment or distress within a 12-month period. 
“Patient” means an adult individual , age 18 years or older, who is 
receiving behavioral health care services from a facility licensed by DOH 
pursuant to N.J.A.C. 8:43K and subject to this chapter. “Patient” may also 
mean a client or other terminology used by a licensed facility to refer to 
the individuals to whom it provides treatment. 
“Progress note” means a written or electronic summary of the treatment 
and/or services, and the patient’s response. 
“Psychiatric advance directive” means a writing executed in 
accordance with the requirements of the New Jersey Advance Directives 
for Mental Health Care Act, N.J.S.A. 26:2H-*[102 et seq]**107*. 
“Psychoeducation services” means a mutual exchange of information 
and education between qualified staff, and the patient, or the qualified 
staff and family members and/or other supportive persons, designed to 
increase the likelihood of family, supportive persons, and community 
support to the patient and to reduce the probability of patient 
decompensation. Information may address etiology and symptoms 
characteristic of the patient’s mental illness and/or addictive disorder, 
effects of medication, coping sk ills, daily living skills, community 
resources and supports, and similar mental health or addiction service-
related matters. 
“Regularly scheduled” means services and/or activities that are offered 
as clinically indicated, such as weekly, monthly, quarterly, or as otherwise 
set, and subject to patient availability and willingness to participate. 
“Rehabilitative support services” means any medical or remedial 
services recommended by a physician or other licensed practitioner of the 
healing arts within their scope of practice to promote the maximum 
reduction of physical or mental disability and restoration of a patient to 
their best possible functional level. 
“SAMHSA” means the Substance Abuse and Mental Health 
Administration within the U.S. Department of Health and Human 
Services. 
“Serious mental illness” means a di agnosable behavioral, mental, or 
emotional condition as defined in the DSM-5, and the condition 
substantially interferes with, or limits, on a persistent basis one or more 
major life activities, such as basic daily living (for example, eating or 
dressing); instrumental living (for example, taking prescribed medications 
or getting around the community); or participating in a family, school, or 
workplace. 
“Treatment record” means a medical record and/or clinical treatment 
record, as applicable to a BH program pursuant to N.J.A.C. 8:43K. 
SUBCHAPTER 3. GENERAL BH PROGRAM OPERATIONAL 
REQUIREMENTS 
10:36-3.1 Compliance with laws and rules 
(a) In order to provide behavioral health services, a BH program shall: 
1. Have a contract or affiliation agreement with the DMHAS; and 
2. Be licensed by DOH, as applicable, including pursuant to N.J.A.C. 
8:43K. 
(b) A BH program shall comply with all applicable Federal, State, and 
local laws, rules, and regulations, and with any applicable accrediting 
organizations. 
(c) A BH program shall comply with any and all rules established by 
DOH for licensing purposes, including at N.J.A.C. 8:43K. 
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(d) The DMHAS may refer any findings related to a BH program’s 
non-compliance with the standards set fo rth in this chapter, or any other 
regulatory compliance concerns, including those related to patient 
services or the quality of patient care provided by a BH program, to DOH 
for review and, if appropriate, licensing action, including licensure 
suspension/revocation and/or penalties. 
10:36-3.2 Patient confidentiality 
A BH program shall comply with all applicable Federal and State 
confidentiality laws, rules, and regulations, including 42 CFR Part 2, 
Federal Confidentiality of Alcohol and Drug Abuse Patient Records, 45 
CFR Parts 160 and 164, HIPAA Privacy and Security Rules, and N.J.S.A. 
30:4-24.3. 
10:36-3.3 Submission of documents and data to the DHS and/or 
DMHAS 
(a) A BH program shall timely report and submit any and all data and 
information as required by, and into, a DHS-designated and/or DMHAS-
designated electronic database(s) and/or management system(s), 
including, but not limited to, the Division’s New Jersey Substance Abuse 
Monitoring System and any other applicable capacity and referral system. 
1. A BH program shall attend and participate in any mandatory DHS 
and/or DMHAS orientation and/or trainings for any DHS-designated 
and/or DMHAS-designated electronic database(s) and/or management 
system(s), or the like, as are applicable to the services provided by a BH 
program. 
(b) A BH program shall cooperate with any and all DHS and/or 
DMHAS monitoring activities (for exampl e, audits, complaint reviews, 
investigations), and provide any and all data and information requested by 
DHS and/or DMHAS as part of those monitoring activities. 
(c) Any failure to report or provide data and information and/or 
cooperate with DHS and/or DMHAS monitoring activities by a BH 
program shall be considered non-compliance and may result in a referral 
to DOH for review and, if appropr iate, licensing action, including 
licensure suspension/revocation and/or penalties. 
10:36-3.4 Waiver 
(a) A BH program may seek a waiver of one or more standards in this 
chapter; provided that the following conditions are satisfied: 
1. The BH program shall submit the request for waiver(s), in writing, 
to the Assistant Commissioner of DMHAS, or their designee, at the 
following address: DMHAS, PO Bo x 362, Trenton, NJ, 08625-0362 or 
DMHAS.RuleWaiver@dhs.nj.gov; and, with a copy sent to: DOH, Office 
of Certificate of Need and Licensi ng, PO Box 358, Trenton, NJ, 08625-
0358; 
2. The BH program shall identify the specific rule(s) for which a 
waiver(s) is requested; and 
3. The BH program shall provide an explanation justifying issuance of 
a waiver(s), including: 
i. The specific reason(s) supporting issuance of a waiver(s), including, 
but not limited to, the type and degree of hardship that would result to the 
BH program if waiver(s) were not gr anted, and clear clinical and/or 
programmatic rationale for such waiver; 
ii. An alternate proposal to ensure th e safety of patients, staff, patient 
families, and the public, as appropriate, and to ensure program integrity 
and treatment services; and 
iii. Specific documentation supporting the waiver request. 
(b) A BH program shall provide such other additional explanation, 
information, and documentation, as requested by DMHAS for purposes 
of evaluating the waiver request. 
(c) All waiver requests must be reviewed and approved by the Assistant 
Commissioner, or their designee. 
(d) The granting of any waiver(s) shall be: 
1. At the discretion of the Assistant Commissioner, or their designee, 
and in consultation with DOH, so long as the waiver(s) does not adversely 
affect the health, safety, welfare, or rights of patients, staff, patient 
families, or the public, does not adve rsely impact program integrity and 
treatment services, and is consistent with public policy; 
2. For a time period as determined appropriate and specified by the 
Assistant Commissioner, or their desi gnee, but subject to renewal upon 
BH program request; and 
3. Communicated, in writing, to the requesting BH program, and 
indicating which specific rule(s) and standard(s) are waived, any 
applicable expiration date of the waiver(s), and any conditions or 
limitations placed on the waiver(s). 
(e) The Assistant Commissioner, or their designee, may suspend or 
revoke the waiver(s) at any time for reasons including, but not limited to, 
the following: 
1. That the waiver(s) is no longer consistent with the purpose and intent 
of this chapter or public policy; 
2. That program integrity and treatment services are adversely affected 
as a result of the waiver(s); and/or 
3. The health, safety, welfare, or rights of patients, staff, patient 
families, or the public are endangered. 
SUBCHAPTER 4. BH PROGRAM STAFFING REQUIREMENTS 
10:36-4.1 General staffing requirements 
A BH program shall comply with any and all applicable staffing 
requirements set forth in DOH’s facility licensing standards, including at 
N.J.A.C. 8:43K, and Federal standards, including at 42 CFR Part 8 
(describing staffing requirements for OTPs). 
SUBCHAPTER 5. BH PROGRAM CORE SERVICE STANDARDS 
10:36-5.1 Admission intake process 
(a) A BH program shall implement an admission intake process that 
includes, at a minimum, the following: 
1. A DSM diagnosis; 
2. An assessment for addictive disorder and/or mental illness, as 
follows: 
i. For patients being evaluated for treatment of an addictive disorder, a 
Level of Care assessment. A BH program shall use an evidence-based and 
nationally recognized addiction assessment tool, such as the ASAM 
criteria; or 
ii. For patients being evaluated for treatment of a mental illness, a 
clinical assessment. A description of the clinical assessment, findings, and 
determination regarding the patient’s clinical appropriateness for 
treatment shall be documented in the patient’s biopsychosocial 
assessment; 
3. A biopsychosocial assessment. 
i. For patients with a mental illness, the biopsychosocial assessment 
shall include a description of the clinical assessment, findings, and 
determination regarding the patient’s clinical appropriateness for 
treatment; 
4. An immediate needs assessment; 
5. Laboratory testing, for example, urine drug screens, as may be 
clinically indicated, and for patients with an SUD, the intake process may 
include a urine drug screen and other applicable and clinically indicated 
laboratory testing; 
6. Screening for addictive disorders and mental illness for patients who 
screen as at risk for one or more behavioral health disorders; 
7. Screening for physical health a nd substance withdrawal to identify 
physical health and/or withdrawal i ssues that require immediate medical 
intervention precluding admission to the BH program; 
8. Screening for suicide risk; and 
9. Screening for emotional and psychological trauma. 
10:36-5.2 Screening and assessment services and tools 
(a) A BH program shall use evidence-based, nationally recognized, and 
peer-reviewed screening and assessment tools. 
(b) A BH program shall ensure that only staff possessing the 
appropriate clinical background, education, credentials, and qualifications 
shall perform evaluations using screening and assessment tools. 
1. Subject to appropriate clinical supervision and consistent with their 
scope of practice, interns may perform evaluations using screening and 
assessment tools that do not require a clinical degree or license. 
(c) A BH program shall implement, at a minimum, the following 
screening and assessment services: 
1. Screening for addictive disorder and mental illness; 
2. Assessment for addictive disorders and/or mental illness, as 
applicable, and as follows: 
HUMAN SERVICES ADOPTIONS 
(CITE 58 N.J.R. 1392) NEW JERSEY REGISTER, MONDAY, APRIL 6, 2026 
i. For patients being evaluated for treatment of an addictive disorder, a 
Level of Care assessment. A BH program shall use an evidence-based and 
nationally recognized addiction assessment tool, such as the ASAM 
criteria; or 
ii. For patients being evaluated for treatment of a mental illness, a 
clinical assessment. A description of the clinical assessment, findings, and 
determination regarding the patient’s clinical appropriateness for 
treatment shall be documented in the patient’s biopsychosocial 
assessment; 
3. A biopsychosocial assessment; 
4. An immediate needs assessment; 
5. Drug screening, as clinically appropriate and/or based on patient use 
drug patterns, as established by the BH program’s policy; 
6. Screening to identify physical health issues; 
7. Screening for substance withdrawal; 
8. Screening for suicide risk; and 
9. Screening for emotional and psychological trauma. 
(d) A BH program shall ensure that a biopsychosocial assessment is 
conducted: 
1. At the time of the patient’s admission to the BH program; and 
2. At a minimum, reviewed and updated: 
i. On a quarterly basis during the patient’s first year of admission to the 
BH program; and 
ii. Subsequently, on an annual basis, or earlier if clinically indicated. 
(e) A BH program shall conduct a nd complete an immediate needs 
assessment at the patient’s first visit to the BH program. 
1. If a patient has any immediate needs, a BH program shall make 
appropriate referrals and/or linkages to assist the patient in addressing 
their immediate needs. 
2. The immediate needs assessment and any related referrals, including 
the outcome and results of referrals and follow-up, shall be documented 
in the patient’s treatment record. 
(f) A BH program shall ensure that screening for suicide risk occurs, at 
a minimum, upon admission and subsequently, on an annual basis, or 
more frequently, if clinically indicated, such as for patients with a history 
of suicide attempts or other risk factors. 
10:36-5.3 BH care plan and planning 
(a) A BH program shall implement a BH care plan and planning 
process that requires, at a minimum, the following: 
1. The BH care plan shall be developed in a collaborative manner 
between the patient and the patient’s IDT; 
2. The BH care plan shall be developed with the participation of each 
member of the patient’s IDT who is directly involved in the patient’s 
treatment, and their participation sh all be documented in the patient’s 
treatment record; 
3. The BH care plan shall be signed by an appropriately credentialed 
and/or licensed IDT member, and as permitted, within their scope of 
practice, who is directly involved in the patient’s treatment and the patient. 
i. If the patient is unavailable or unable to sign their BH care plan, then 
the BH program shall document the reason for the patient’s unavailability 
or inability to sign their BH care plan in the patient’s treatment record; 
4. When beneficial to the patient, and unless clinically contraindicated, 
the BH program shall include family members and/or other supportive 
persons identified by the patient in BH care planning, so long as such 
inclusion is in accordance with applicable Federal and State 
confidentiality laws, rules, and re gulations, including HIPAA, 42 CFR 
Part 2 and N.J.S.A. 30:4-24.3; and 
5. The patient’s BH care plan shall be updated based on additional 
patient information and patient progress and participation in treatment. 
(b) A BH program shall ensure that a copy of the BH care plan shall 
be: 
1. Maintained in the patient’s treatment record; 
2. Provided to the patient upon their request; and 
3. Provided to the patient at the time of discharge. 
(c) The BH care plan shall address, at a minimum, the following: 
1. The patient’s needs and strengths and stated goals; 
2. The goals and objectives for the patient’s treatment with timeframes; 
3. A description of applicable evidence-based treatment services and 
interventions, for the patient to a ddress their symptoms and improve 
treatment outcomes; 
4. A description of applicable non-clinical peer support services for the 
patient; 
5. A medication history and list of current medications, including 
dosage, frequency, and side effects; 
6. Identification of community resources being used by the patient; 
7. Referral and/or linkages for the patient to other services and/or 
resources. This shall include, but not be limited to, any referrals or 
linkages to: 
i. Medical and nursing services for patients with physical health needs, 
if such services are not provided directly by the BH program; and/or 
ii. Vocational, educational, social , and/or other support services, if 
such services are not provided directly by the BH program; 
8. Patient discharge planning and criteria; 
9. Patient transition planning and criteria; 
10. Be informed by any and all applicable assessments conducted for 
the patient (for example, INA, biops ychosocial assessment, psychiatric 
assessment); and 
11. Documentation of any other service(s) in which the patient 
participates and, if applicable, in accordance with applicable Federal and 
State confidentiality laws, rules, and regulations, including HIPAA, 42 
CFR Part 2 and N.J.S.A. 30:4-24.3. 
(d) At the time of discharge, the BH program shall ensure that the 
patient’s BH care plan addresses, at a minimum, the following: 
1. The patient’s needs post-discharge, including transition and 
medication needs, as applicable, including: 
i. A list of the patient’s current prescribed medication(s), along with 
the following information: dosage, qua ntity, date of any injections, and 
side effects; and 
ii. Any referrals made for medication management; 
2. Safety planning and harm reduc tion strategies (for example, drug 
use, safe sex); and 
3. Referrals and/or linkages to other services and/or resources, 
including self-help groups, and peer wellness and recovery supports. 
10:36-5.4 Safety plan 
A BH program shall ensure that an evidence-informed safety plan is 
developed collaboratively with any patient experiencing suicidal ideation, 
any patient who is otherwise at risk fo r suicide, or any patient at risk of 
overdose to identify warning signs or triggers, and support their 
individualized coping strategies. The sa fety plan shall be distinct from a 
BH care plan, but shall be incorporated within the patient’s BH care plan. 
10:36-5.5 Counseling and/or therapy services 
(a) The BH program shall be responsible for the provision of 
counseling and/or therapy services to patients, as applicable. 
(b) The BH program shall ensure that counseling and/or therapy 
services are based upon and incorporate evidence-based practices (for 
example, cognitive behavioral therapy, illness management and recovery, 
motivational interviewing, recovery-oriented cognitive therapy). 
(c) Counseling and/or therapy services shall only be provided by staff 
possessing the appropriate clinical background, education, credentials, 
and/or qualifications. 
(d) Counseling and/or therapy services may consist of individual, 
group, and family counseling and therapy sessions and psychoeducation 
sessions. 
(e) Counseling and/or therapy services and the frequency and type of 
counseling, therapy, and/or psychoeducation sessions shall be: 
1. Tailored to each patient’s clinical severity, functioning, and response 
to treatment; and 
2. Be directed by the patient’s IDT. 
(f) Any group counseling and/or therapy sessions must contain no more 
than 12 patients. 
10:36-5.6 Medication services 
(a) A BH program shall provide or arrange for the provision of 
medication services to patients to treat behavioral health conditions. 
1. A BH program that provides me dication services directly must 
adhere to any licensing requirements and standards related to the 
ADOPTIONS HUMAN SERVICES 
 NEW JERSEY REGISTER, MONDAY, AP RIL 6, 2026 (CITE 58 N.J.R. 1393) 
administration, prescribing, and st orage of medications as required by 
DOH. 
2. A BH program that does not provide medication services directly 
must facilitate the provision of medication services to patients. 
(b) A BH program shall ensure that patients prescribed medication as 
part of their treatment services receive medication education, 
management, and monitoring. A BH program shall provide: 
1. Medication education consisting of information about the patient’s 
prescribed medications, including bene fits, side effects, and risks and 
especially medication-related risks, such as cardio-metabolic risks, 
metabolic syndrome with anti-psyc hotics, and methadone-induced 
cardiac arrhythmia, as may be applicable; 
2. Medication management, including routine monitoring of patients 
for treatment response and treatment-related side effects; and 
3. Medication monitoring, including monitoring of patient health 
indicators (for example, weight, bl ood pressure, blood glucose levels, 
lipids). As part of medication monitoring, a BH program shall collaborate 
and coordinate with the patient’s healthcare provider, subject to and 
consistent with any and all applicab le Federal and State confidentiality 
laws, rules, and regulations, including HIPAA, 42 CFR Part 2 and 
N.J.S.A. 30:4-24.3. 
(c) The BH program shall ensure medication used for the treatment of 
addiction disorders and/or mental illness is administered, dispensed, 
ordered, and/or prescribed in accordance with applicable State and 
Federal law, rules, regulations, and standards. 
(d) The BH program shall maintain cu rrent procedures to ensure that 
medications are administered in accordance with their approved product 
labeling. 
10:36-5.7 Psychoeducational and patient education services 
(a) A BH program shall provide psychoeducation services to patients. 
(b) A BH program shall offer ps ychoeducation services to family 
members and other supportive persons identified by the patient and when 
appropriate, unless the patient objects, psychoeducation services are 
clinically contraindicated, and/or the family/supportive persons are 
unwilling to participate in offered psychoeducation services. 
(c) A BH program shall provide education to patients, including on the 
following topics: 
1. The patient’s diagnosis, and if the patient has: 
i. An addictive disorder, then education about their addictive disorder; 
ii. A mental illness, then education about their mental illness; and 
iii. A co-occurring addictive disorder and mental illness, then 
education about both their addictive disorder and their mental illness; 
2. Harm reduction for addictive disorders; 
3. Overdose prevention and information about how to access opioid 
overdose reversal medication; and 
4. Self-care and illness self-management. 
10:36-5.8 Administrative discharge from the BH program 
(a) A BH program may administrativ ely discharge a patient from the 
BH program for unavailability. Unavailability means the patient is 
incarcerated, hospitalized, or lost to contact. 
(b) A BH program shall administratively discharge a patient by no later 
than 90 days from when the patient is unavailable to continue to receive 
services. 
(c) Prior to any administrative disc harge, a BH program shall make 
reasonable efforts to: 
1. Issue discharge instructions; and 
2. Ascertain whether the patient wants their discharge instructions 
shared with family members or other supportive persons identified by the 
patient and, if so, the patient’s discharge instructions shall be shared with 
family members, or other supportive persons identified by the patient, 
consistent with applicable Federal and State confidentiality laws, rules, 
and regulations, including HIPAA, 42 CFR Part 2, and N.J.S.A. 30:4-24.3. 
10:36-5.9 Voluntary discharge from the BH program 
(a) A BH program may voluntarily discharge a patient when the patient 
has: 
1. Received the maximum benefit of their level of care and/or met all 
their treatment goals; 
2. Received the maximum benefit of their level of care and is 
transitioning to another level of care; or 
3. Elected to discontinue receiving services from the BH program. 
(b) Prior to any voluntary discharge, a BH program shall: 
1. Issue discharge instructions; and 
2. Ascertain whether the patient wants their discharge instructions 
shared with family members or other supportive persons identified by the 
patient and, if so, the patient’s discharge instructions shall be shared with 
family members or other supportive persons identified by the patient, 
consistent with applicable Federal and State confidentiality laws, rules, 
and regulations, including HIPAA and 42 CFR Part 2. 
10:36-5.10 Involuntary discharge from the BH program 
(a) A BH program may only involuntarily discharge a patient for one 
or more of the reasons listed in this subsection. 
1. The patient is exhibiting serious episodes of assaultive, disruptive, 
and/or threatening behaviors towards staff or other patients; 
2. The patient is refusing to partic ipate in their treatment, and the BH 
program facilitates the patient’s referral to another clinically appropriate 
level of care; or 
3. The patient is unable to pay for services, and the BH program has 
made reasonable attempts to work with the patient and resolve their 
inability to pay. 
(b) A BH program shall not involuntarily discharge a patient who is 
experiencing, or has experienced, a relapse related to an addictive 
disorder. 
(c) Prior to any involuntary discharge, a BH program shall: 
1. Attempt to address the patient’s behavior, refusal to participate in 
services, and/or inability to pay for services. 
i. For patients who are unable to pay for services, the BH program shall 
explore treatment funding sources, incl uding those available at the local 
or State level, and consider alternate payment options, such as a payment 
plan, with the patient; 
2. Have the BH program clinical supervisor conduct a review of the 
proposed involuntary discharge. 
i. The BH program clinical supervisor shall document their approval of 
any proposed involuntary discharge in the patient’s treatment record; and 
ii. A patient shall not be involuntar ily discharged without the prior 
written approval of the BH program clinical supervisor; 
3. Provide written notice to the patie nt of the involuntary discharge, 
which shall include the reason(s) for the involuntary discharge and 
internal appeal procedures; 
4. Issue discharge instructions; 
5. Make reasonable efforts to ascertain whether the patient wants their 
discharge instructions shared with family members or other supportive 
persons identified by the patient and, if so, the patient’s discharge 
instructions shall be shared with family members or other supportive 
persons identified by the patient, cons istent with applicable Federal and 
State confidentiality laws, rules, and regulations, including HIPAA and 
42 CFR Part 2; and 
6. If the patient consents, then assi st the patient with any linkages to 
services consistent with applicable Federal and State confidentiality laws, 
rules, and regulations, including HI PAA, 42 CFR Part 2 and N.J.S.A. 
30:4-24.3. If the patient does not consent to assistance with linkages 
pursuant to this paragraph, then such refusal shall be documented in the 
patient’s treatment record. 
(d) The BH program shall mainta in documentation relating to a 
patient’s involuntary discharge in the patient’s treatment record. At 
minimum, this documentation shall include: 
1. Progress notes or other written documentation describing attempts 
to address the reasons for the patient ’s involuntary discharge, including 
the patient’s behavior; 
2. The BH program clinical supervisor’s written approval of the 
patient’s involuntary discharge; 
3. A copy of the written notice to the patient of the involuntary 
discharge; 
4. Copies of any written appeals filed by the patient; and 
5. Copies of any documentation issued by the BH program in response 
to any appeal. 
HUMAN SERVICES ADOPTIONS 
(CITE 58 N.J.R. 1394) NEW JERSEY REGISTER, MONDAY, APRIL 6, 2026 
10:36-5.11 Discharge documentation and planning 
(a) A BH program shall commence discharge planning upon admission 
of the patient to the BH program. 
(b) A BH program shall incorporate discharge planning into the BH 
care plan. 
(c) When beneficial to the patient, and unless clinically 
contraindicated, a BH program shall include family members and/or other 
supportive persons identified by the patient in discharge planning, so long 
as such inclusion is in accordance with applicable Federal and State 
confidentiality laws, rules, and re gulations, including HIPAA, 42 CFR 
Part 2 and N.J.S.A. 30:4-24.3. 
(d) A BH program shall assist the patient with making appointments, 
when clinically appropriate, for recommended continued behavioral 
health services, including medication management services, and in 
accordance with applicable Federal a nd State confidentiality laws, rules, 
and regulations, including HIPAA, 42 CFR Part 2 and N.J.S.A. 30:4-24.3. 
1. The BH program shall document efforts regarding appointment 
assistance in the patient’s treatment record. 
2. If a patient declines assistance with making appointments, then the 
BH program shall document this in the patient’s treatment record. 
(e) A BH program shall provide a safety, crisis, and/or relapse 
prevention plan, as clinically appropr iate, to the patient prior to their 
discharge. 
(f) A BH program shall provide education on, and facilitate assistance 
with, execution of psychiatric advance directives to the patient prior to 
their discharge. 
(g) A BH program shall provide all patients discharged from the BH 
program with discharge instructions pr ior to their discharge, irrespective 
of whether the discharge is administrative, voluntary, or involuntary. 
1. At a minimum, the discharge instructions shall include the 
following: 
i. Recommendations and referrals for continued services; 
ii. Recommendations and referrals for medication needs and 
management; and 
iii. Information regarding the patient’s current prescribed medications 
and instructions to ensure continuity of medication. 
2. The discharge instructions shall be: 
i. Reviewed and signed by an appropriately licensed and credentialed 
clinical member of the patient’s inter-disciplinary team; and 
ii. Reviewed with and signed by the patient. If the patient is unavailable 
or unable to sign their discharge instructions, then the BH program shall 
document the reason for the patient’s unavailability or inability to sign 
their discharge instructions in the patient’s treatment record. 
(h) A BH program shall ensure that: 
1. A discharge summary is completed for each patient discharged from 
the BH program, irrespective of whether the discharge is administrative, 
voluntary, or involuntary; 
2. The discharge summary is complete d within 60 days of a patient’s 
discharge and is filed in the patient’s treatment record; 
3. The discharge summary is reviewed and signed by an appropriately 
licensed and credentialed clinical member of the patient’s inter-
disciplinary team; and 
4. At a minimum, the discharge summary includes the following: 
i. The patient’s date of admission and date of last service; 
ii. A summary of the patient’s course of, and response to, treatment; 
iii. The primary presenting problem; 
iv. Any significant findings and the reason(s) for discharge; 
v. The clinical condition at the time of discharge; 
vi. Recommendations, arrangements, and referrals, if applicable, 
consistent with any Federal and St ate confidentiality laws, rules, and 
regulations, for further treatment and any referrals made, including for 
medication management; 
vii. Information regarding prescribed medications, including dosage, 
quantity, and date of any injections; 
viii. Any known medical conditions; and 
ix. The patient’s final DSM diagnoses. 
(i) Following a patient’s discharge from the BH program, the BH 
program shall make reasonable attempts to follow up with the patient in 
order to determine whether the patie nt is engaged in treatment with 
another BH program or healthcare provider or to provide referrals for 
services. 
SUBCHAPTER 6. PROGRAM STANDARDS FOR OUTPATIENT 
ADDICTIVE DISORDER AND/OR MENTAL 
HEALTH SERVICES 
10:36-6.1 Outpatient services general requirements and standards 
(a) N.J.A.C. 10:36-1 through 5 shall apply to the provision of 
outpatient services, including, as may be modified within this subchapter, 
by a BH program. In addition, a BH program providing outpatient services 
shall adhere to any supplemental program standards set forth in this 
subchapter. If there is any inconsistency between the program standards 
set forth in this subchapter and at N.J.A.C. 10:36-1 through 5, as 
applicable, the program standards in this subchapter shall apply. 
(b) Outpatient services are organized services delivering regularly 
scheduled appointments, including for counseling, therapy, and 
medication management to, or on behalf of, patients based on their 
individualized clinical needs and severity. 
10:36-6.2 Outpatient services admi ssion intake process and timeframe 
(a) A BH program shall implement an admission intake process that 
includes the requirements set forth at N.J.A.C. 10:36-5.1. 
(b) A BH program shall complete the admission intake process for each 
patient within 14 days of the first visit or at the second visit, whichever is 
later. 
10:36-6.3 Outpatient BH care plan development and review 
timeframes 
(a) A BH program shall implement a BH care plan and planning 
process that includes the requirements set forth at N.J.A.C. 10:36-5.3. 
(b) The BH program shall develop a patient’s BH care plan within 45 
days of their admission intake interview. 
(c) The patient’s BH care plan shall be reviewed as clinically 
necessary, but no less than every three months during the first year of 
admission to the BH program, and revised, as necessary, and thereafter, it 
shall be reviewed every six months, and revised, as necessary. 
10:36-6.4 Outpatient services counseling and/or therapy services and 
hours 
(a) A BH program shall implement counseling and/or therapy services 
that include the requirements set forth at N.J.A.C. 10:36-5.5. 
(b) The BH program shall provide each patient with regularly 
scheduled counseling, therapy, and/or psychoeducation sessions. 
SUBCHAPTER 7. PROGRAM STANDARDS FOR INTENSIVE 
OUTPATIENT (IOP) ADDICTIVE DISORDER 
SERVICES 
10:36-7.1 IOP addictive disorders services general requirements and 
standards 
(a) N.J.A.C. 10:36-1 through 5 shall apply to the provision of IOP 
addictive disorder services, including as may be modified through this 
subchapter, by a BH program. In a ddition, a BH program providing IOP 
addictive disorders services shall adhere to any supplemental program 
standards set forth in this subchapter. If there is any inconsistency between 
the program standards set forth in this subchapter and at N.J.A.C. 10:36-
1 through 5, as applicable, the program standards in this subchapter shall 
apply. 
(b) IOP services are services that provide a range of treatment sessions 
in a structured environment, and incl ude clinical intensive substance use 
counseling and psycho-educational (didactic) sessions. 
10:36-7.2 IOP addictive disorders services admission intake process 
and timeframe 
(a) A BH program shall implement an admission intake process that 
includes the requirements set forth at N.J.A.C. 10:36-5.1. 
(b) A BH program shall complete the admission intake process for each 
patient within 14 days of the first visit or at the second visit, whichever is 
later. 
ADOPTIONS HUMAN SERVICES 
 NEW JERSEY REGISTER, MONDAY, AP RIL 6, 2026 (CITE 58 N.J.R. 1395) 
10:36-7.3 IOP addictive disorders services BH care plan development 
and review timeframes 
(a) A BH program shall implement a BH care plan and planning 
process that includes the requirements set forth at N.J.A.C. 10:36-5.3. 
(b) A BH program shall develop a patient’s BH care plan within three 
visits, but not more than 30 days, of the patient’s admission intake 
interview. 
(c) The patient’s BH care plan shall be reviewed as clinically 
necessary, but no less than every three months during the first year of 
admission to the BH program, and revised, as necessary, and thereafter, it 
shall be reviewed every six months, and revised, as necessary. 
10:36-7.4 IOP addictive disorders serv ices description of services and 
hours 
(a) In addition to the standards for counseling and therapy services set 
forth at N.J.A.C. 10:36-5.5, a BH program shall: 
1. Provide each patient with IOP services of a minimum of nine contact 
hours or more a week; and 
2. Provide each IOP patient with the following services as clinically 
indicated: individual counseling/therapy sessions, group therapy sessions, 
family sessions, psycho-education sessions, and medication services. 
i. If a patient does not participate in any one or more services described 
in this section, then the BH program shall document attempts to engage 
the patient, outreach to the patient, and the patient’s reasons for non-
participation in the service(s). 
(b) If a patient’s attendance is frequently or consistently unreliable or 
sporadic without reasonable cause or excuse (for example, the patient does 
not attend their nine hours of IOP services for two consecutive weeks 
during a four-week period, pursuant to (a) above, then the BH program 
shall confer with the patient to revi ew the patient’s course of treatment 
and level of care that supports the patient’s needs and continued 
engagement with treatment services. 
SUBCHAPTER 8. PROGRAM STANDARDS FOR PARTIAL CARE 
(PC) MENTAL HEALTH OR ADDICTIVE 
DISORDER SERVICES 
10:36-8.1 PC services general requirements and standards 
(a) N.J.A.C. 10:36-1 through 5 sh all apply to the provision of PC 
mental health and/or addictive disorder services, including, as may be 
modified through this subchapter, by a BH program. In addition, a BH 
program providing PC mental health a nd/or addictive disorder services 
shall adhere to any supplemental program standards set forth in this 
subchapter. If there is any inconsistency between the program standards 
set forth in this subchapter and at N.J.A.C. 10:36-1 through 5, as 
applicable, the program standards in this subchapter shall apply. 
(b) PC services are a broad range of licensed, individualized, 
rehabilitative, and structured treatment services and supports provided in 
a community setting, which promote patient stabilization and community 
integration. 
10:36-8.2 PC services admission intake process and timeframe 
(a) A BH program shall implement an admission intake process that 
includes, at a minimum, the requirements set forth at N.J.A.C. 10:36-5.1 
and the following: 
1. For PC mental health services, a psychiatric assessment; or 
2. For PC addictive disorder services, if the screening for mental illness 
required at N.J.A.C. 10:36-5.1(a)2 is positive for serious mental illness, 
then a psychiatric assessment must be conducted. 
(b) A BH program shall complete the admission intake process for each 
patient within 14 days of the first visit or at the second visit, whichever is 
later. 
10:36-8.3 PC mental health serv ices provisional services during 
admission intake 
Completion of the formal admission intake process shall not preclude 
an otherwise eligible patient from pa rticipating in PC mental health 
services program activities or receiving services on a provisional basis 
during a seven-day trial period. 
10:36-8.4 PC services screening and assessment services and tools 
(a) A BH program providing PC mental health or addictive disorder 
services shall adhere to the screening and assessment requirements set 
forth at N.J.A.C. 10:36-5.2, except as to *[subsections (d) and (e), which 
are replaced at N.J.A.C. 10:36-5.2(b) and (c), respectively]* *subsection 
(d) which is replaced at (b) below*. 
(b) The BH program shall ensure that a biopsychosocial assessment is 
conducted: 
1. Within 14 days of the first visit or at the second visit, whichever is 
later; 
2. Reviewed and updated at least every six months, or earlier, if 
clinically indicated during the patient’s first year of admission to the BH 
program; and 
3. Subsequently, on an annual basis, or earlier, if clinically indicated. 
(c) A BH program providing PC mental health services shall 
implement the following additional screening and assessment services: 
1. A psychiatric assessment. The initial psychiatric assessment shall be 
conducted within 14 days of the first visit or at the second visit to the BH 
program, whichever is later; and, then reviewed and updated at least every 
six months, or earlier if clinically indicated. 
(d) A BH program providing PC addictive disorder services shall 
implement the following additional screening and assessment services: 
1. A psychiatric assessment as part of the admission intake process if 
the screening for mental illness required at N.J.A.C. 10:36-5.1(a)2 
indicates risks or symptoms of serious mental illness; and, then reviewed 
and updated every six months, or earlier, if clinically indicated. 
10:36-8.5 PC services BH care plan development and review 
timeframes 
(a) A BH program shall develop a patient’s care plan within 45 days of 
the patient’s admission intake interview. 
(b) The patient’s BH care plan shall be reviewed as clinically 
necessary, but no less than every three months during the first year of 
admission to the BH program, and revised, as necessary, and thereafter, it 
shall be reviewed every six months, and revised, as necessary. 
10:36-8.6 PC services counseling and/or therapy services 
In addition to the standards for counseling and therapy services set 
forth at N.J.A.C. 10:36-5.5, a BH pr ogram shall be equipped to provide 
regularly scheduled counseling, th erapy, psychoeducation, and/or 
rehabilitative sessions, as clinically indicated for patients. 
10:36-8.7 PC services off-site activities and/or interventions 
(a) A BH program may provide off-site activities and/or interventions, 
so long as: 
1. The activity or intervention is based upon and consistent with the 
patient’s BH care plan; 
2. The activity or intervention is a subordinate component of the 
patient’s BH care plan; and 
3. The clinical justification is doc umented in the patient’s treatment 
record. 
(b) Off-site activities and/or interven tions that are solely recreational 
or diversional in nature shall not be considered a partial care activity or 
intervention. 
10:36-8.8 PC services rehabilitative support services 
(a) A BH program providing PC mental health or addictive disorder 
services shall provide rehabilitative s upport services directly to patients 
and comply fully with the standards set forth in this section for the 
provision of rehabilitative support services. 
(b) A BH program shall ensure that rehabilitative support services are: 
1. Based upon and incorporate evidence-based practices (for example, 
illness management and recovery); 
2. Provided individually and/or in a group setting; and 
3. Tailored to each patient’s clinical needs. 
(c) Rehabilitative support services may include: 
i. Activities and/or interventions involving teaching the patient various 
physical, cognitive/intellectual, and behavioral skills related to identified 
goals in order to increase competency; and 
ii. Skill teaching involving discussions with the patient about the skill, 
past experience in using the skill, wh at the skill entails, when to use the 
skill, benefits of learning the ski ll, breaking the skill down into its 
HUMAN SERVICES ADOPTIONS 
(CITE 58 N.J.R. 1396) NEW JERSEY REGISTER, MONDAY, APRIL 6, 2026 
component parts, showing examples of how the skill is correctly used or 
performed, arranging opportunities to practice the skill in community 
settings, and providing education and feedback on skill performance. 
(d) A BH program shall be equipped to provide rehabilitative support 
services including, but not limited to, skills related to: 
1. Crisis intervention and response; 
2. Daily living; 
3. Development of a psychiatric advance directive; 
4. Financial literacy; 
5. General education; 
6. Health and medical care; 
7. Housing transition and tenancy sustenance; 
8. Pre-vocation and vocational (for example, job interview 
preparation); 
9. Recreational needs and opportunities; 
10. Spiritual and cultural linkages and connections; 
11. Relapse prevention; 
12. Self-advocacy, including as related to legal needs; 
13. Social networks and interactions; and 
14. Transportation access and education. 
SUBCHAPTER 9. PROGRAM STANDARDS FOR OPIOID 
TREATMENT PROGRAM (OTP) SERVICES 
10:36-9.1 OTP services general requirements and standards 
(a) N.J.A.C. 10:36-1, 2, 3, and 4 shall apply to the provision of OTP 
services. N.J.A.C. 10:36-5 shall not apply to the provision of OTP 
services, except that the standards at N.J.A.C. 10:36-5.8, 5.9, and 5.10 
shall apply to the provision of OTP services. 
(b) A BH program providing OTP services shall adhere to any 
supplemental program standards set forth in this subchapter. 
(c) If there is any inconsistency between the program standards set 
forth in this subchapter and/or the standards set forth at N.J.A.C. 10:36-1, 
2, 3, and 5, as applicable, then the program standards in this subchapter 
shall apply. 
(d) A BH program shall comply w ith all Federal regulations and 
standards established by SAMHSA, including 42 CFR Part 8, and all 
Federal regulations and standards enforced by the DEA. 
(e) If a conflict occurs between the st andards set forth in this chapter 
and any Federal regulations and standards applicable to OTP services, 
including the Federal standards set forth at 42 CFR Part 8, then the more 
restrictive standards shall govern over the less restrictive standards. 
(f) “Opioid treatment program” or “OTP” means a program engaged in 
OUD treatment of individuals with medications for OUD registered 
pursuant to 21 U.S.C. § 823(h)(1). 
10:36-9.2 OTP services involuntary discharge 
(a) In addition to the requirements for involuntary discharge set forth 
at N.J.A.C. 10:36-5.10, the BH program shall adhere to the supplemental 
standards governing involuntary discharge set forth in this section. 
(b) Prior to a patient’s involuntary discharge, a BH program shall: 
1. Make reasonable efforts to facilitate the patient’s admission at an 
alternate OTP, so long as the patient is agreeable and consistent with 
applicable Federal and State confidentiality laws, rules, and regulations; 
2. Facilitate the patient’s medically managed withdrawal from their 
opioid agonist medication, when appropriate; 
3. Provide education on overdose and relapse prevention; and 
4. Provide information about how to access opioid overdose reversal 
medication. 
i. If the patient is not agreeable to or cooperative with any of the 
activities described in this subsection, then the BH program shall 
document the same in the patient’s treatment record. 
(c) If the patient elects to appeal their involuntary discharge through a 
BH program’s internal appeal process, then the BH program shall 
maintain the patient’s access to medi cation, pending the outcome of the 
BH program’s internal appeals process. 
1. If the patient is uncooperative with the BH program’s attempts to 
maintain their access to medication, then the BH program shall document 
same in the patient’s treatment record. 
(d) To the extent that any standa rds at N.J.A.C. 10:36-5.10 require 
actions by a BH program clinical supervisor, including approvals, the 
OTP medical director, in lieu of a BH program clinical supervisor, may 
perform such actions consistent with the requirements set forth at N.J.A.C. 
10:36-5.10 for BH program clinical supervisors. 
__________ 
HUMAN SERVICES 
LAW AND PUBLIC SAFETY 
(a) 
YOUTH JUSTICE COMMISSION 
Juvenile Funds and Gifts to the Commission 
Readoption with Amendments: N.J.A.C. 13:90A 
Proposed: October 20, 2025, at 57 N.J.R. 2392(a). 
Adopted: March 5, 2026, by the Executive Board of the Youth 
Justice Commission, by the Honorable Jennifer Davenport, 
Attorney General and Chair, through Nicholas Kormann, 
Attorney General Designee. 
Filed: March 11, 2026, as R.2026 d.050, without change. 
Authority: N.J.S.A. 2C:43-3.3, 2C:46-4, 30:4-15.1, 30:4-16.4, 
52:17B-170, 52:17B-171, and 52:17B-176. 
Effective Dates: Marc h 11, 2026, Readoption; 
 Apil 6, 2026, Amendments. 
Expiration Date: March 11, 2033. 
Summary of Public Comment and Agency Response: 
The Youth Justice Commission (Commission) received one public 
comment in response to the notice of proposal from Barbara Sachau. 
1. COMMENT: Ms. Sachau states th at youth are in juvenile facilities 
because they committed criminal acts, they should be punished and they 
should not receive awards of any type while in a juvenile detention 
facility. 
RESPONSE: The Commission thanks Ms. Sachau for her comments. 
The commenter has not made specific suggestions to the proposed rules; 
rather, she has offered general commentary. The comments are not within 
the scope of N.J.A.C. 13:90A, which is specific to proper handling of 
juvenile funds and property and gifts to the Commission, and the 
Commission declines to make any revisions to the chapter. 
Federal Standards Statement 
A Federal standards analysis is not required because the rules 
readopted with amendments are not adopted pursuant to the authority of, 
or in order to implement, comply w ith, or participate in any program 
established pursuant to Federal law or pursuant to a State statute that 
incorporates or refers to Federal law, standards, or requirements. 
Full text of the readopted rules can be found in the New Jersey 
Administrative Code at N.J.A.C. 13:90A. 
Full text of the adopted amendments follows: 
SUBCHAPTER 1. GENERAL PROVISIONS 
13:90A-1.1 Purpose 
(a) The purpose of this chapter is to establish policies and procedures 
for: 
1.-3. (No change.) 
4. Processing juvenile claims for lost, damaged, or destroyed personal 
property; 
5.-6. (No change.) 
13:90A-1.3 Definitions 
The following words and terms, when us ed in this chapter, shall have 
the following meanings unless the context clearly indicates otherwise. 
. . . 
“Chief Administrative Officer” means the Commission staff member, 
by whatever name or title, in charge of the Commission’s Office of 
Administration. 
“Chief Investigator” means the Chief Investigator of the Commission’s 
Office of Investigations, charged with oversight and management