Establishes Office of Alcohol and Drug Use Disorders Policy to oversee, direct, and coordinate resources, funding, and data tracking concerning treatment of substance use disorders.

A4798

ASSEMBLY, No. 4798

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 23, 2026

Sponsored by:

Assemblyman� ANTHONY S. VERRELLI

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Establishes Office of Alcohol and Drug Use Disorders
Policy to oversee, direct, and coordinate resources, funding, and data tracking
concerning treatment of substance use disorders.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning treatment resources for alcohol and
drug use disorders, supplementing Title 26 of the Revised Statutes, and
amending various parts of the statutory law.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� (New section)� a.� There
is established in the Executive Branch of State Government the Office of
Alcohol and Drug Use Disorders Policy. �For the purpose of complying with
Article V, Section IV, paragraph 1 of the New Jersey Constitution, the office
is allocated within the Department of the Treasury; but, notwithstanding that
allocation, the office shall be independent of any supervision or control by
the department or by any board, officer, or employee thereof, and shall report
directly to the Governor.� The Office of Alcohol and Drug Use Disorders Policy
shall serve strategic planning, advisory, coordination, communication, and
development functions in its mission to coordinate Statewide efforts and drive
improvements in the prevention of, and provision of treatment for, alcohol use
disorders and drug use disorders in New Jersey.

���� b.��� The Office of Alcohol
and Drug Use Disorders Policy shall have the duty, power, and responsibility
to:

���� (1)�� review and coordinate
all State departments' efforts with regard to the planning and provision of
treatment, prevention, research, evaluation, and education services for, and
public awareness of, alcohol use disorders and drug use disorders, which may
include developing and implementing new programs and initiatives and modifying
existing programs and initiatives to ensure the effective and efficient use of
available funding and resources;

���� (2)�� submit to the Governor
and to the Legislature, no later than July 1 of each year, a Comprehensive
Statewide Alcohol Use Disorders and Drug Use Disorders Master Plan for the
treatment, prevention, research, evaluation, education, and public awareness of
alcohol use disorders and drug use disorders in this State, which plan shall:

���� (a)�� incorporate and unify
all State, county, local, and private alcohol use disorders and drug use
disorders initiatives;

���� (b)�� include an emphasis on
prevention, community awareness, and family and youth services; and

���� (c)�� make recommendations concerning
the allocation of State and federal funds to State departments, local
governments and local agencies, and service providers for the purpose of
providing or supporting treatment, prevention, research, evaluation, education,
and public awareness of alcohol use disorders and drug use disorders, in
accordance with the regular budget cycle;

���� (3)�� review each County
Annual Alliance Plan and, in consultation with the Division of Mental Health
and Addiction Services in the Department of Human Services and the Governor�s
Council on Alcoholism and Drug Abuse, by October 1 of each year, return the
plan to the Local Advisory Committee on Alcohol and Drug Use Disorders with the
office�s proposed recommendations for awarding Alliance grants;

���� (4)�� distribute grants, upon
the recommendation of the executive director of the office, by August 1 of each
year to counties and municipalities for alcohol use disorders and drug use
disorders programs;

���� (5)�� evaluate the existing
funding mechanisms for alcohol use disorders and drug use disorders services
and recommend to the Governor and the Legislature any changes which may improve
the coordination of services to citizens in this State;

���� (6)�� encourage the
development or expansion of employee assistance programs for employees in both
government and the private sector;

���� (7)�� collect from any State,
county, local governmental entity, or any other appropriate source data,
reports, statistics, or other materials that are necessary to carry out the
functions of the office; and

���� (8)�� pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
adopt rules and regulations necessary to carry out the purposes of P.L.��� ,
c.��� (C.����� ) (pending before the Legislature as this bill).

���� c.���� The Office of Alcohol
and Drug Use Disorders Policy is authorized to call upon any department,
office, division, agency, or independent authority of State government to
provide such information, resources, or other assistance as the executive
director of the office deems necessary to discharge the duties and functions of
the office and to fulfill the responsibilities of the office under P.L.��� ,
c.��� (C.����� ) (pending before the Legislature as this bill).� Each
department, office, division, agency, or independent authority of this State
shall cooperate with the Office of Alcohol and Drug Use Disorders Policy and
furnish the office with the assistance necessary to accomplish the purposes of
P.L.��� , c.��� (C.����� ) (pending before the Legislature as this bill).

���� d.��� The Office of Alcohol
and Drug Use Disorders Policy shall convene a meeting, on at least an annual
basis and at such additional intervals as the executive director of the office
deems necessary, to be attended by the Attorney General, the Commissioner of
Health, the Commissioner of Human Services, the Commissioner of Education, the
Commissioner of Corrections, the Commissioner of Children and Families, the
Commissioner of Community Affairs, the Commissioner of Banking and Insurance,
the Assistant Commissioner for the Division of Mental Health and Addiction
Services in the Department of Human Services, the Assistant Commissioner for
the Division of Medical Assistance and Health Services in the Department of
Human Services, the Assistant Commissioner for the Children�s System of Care in
the Department of Children and Families, and any other State, county, or local
agencies, officers, or entities as the executive director of the Office of
Alcohol and Drug Use Disorders Policy determines necessary to plan, develop,
and coordinate State and local efforts to improve the prevention of, and the
provision of treatment for, alcohol use disorders and drug use disorders in New
Jersey.

���� 2.��� (New section)� a.� The
Office of Alcohol and Drug Use Disorders Policy shall be administered by an
executive director, who shall be appointed by the Governor with the advice and
consent of the Senate.�

���� b.��� The executive director
shall be a person qualified by education, training, and experience to perform
the duties of the office.�

���� c.���� The executive director
shall serve at the pleasure of the Governor during the Governor's term of
office and until the appointment and qualification of the executive director's
successor.

���� d.��� The executive director
shall have the power to employ staff within the limits of funds appropriated or
made available for that purpose, and shall have broad authority to coordinate
communication between, and request and receive information from, any department,
division, or agency of the State in furtherance of the mission of the office.�

���� e.���� The executive director
shall devote full time to the duties and responsibilities of the office, and
shall receive a salary as shall be provided by law.

���� 3.��� (New section)� a.� The
Office of Alcohol and Drug Use Disorders Policy shall develop and maintain a
centralized Alcohol and Drug Use Disorders Treatment Resource Database for the
purpose of tracking Statewide and local treatment information, facilitating
referrals to treatment resources, evaluating the performance of treatment
providers, determining the appropriate allocation of available funding and
resources, and developing best practices standards, as provided in this
section.

���� b.��� The office shall require
treatment providers to report the following data to the centralized database,
which the office shall use to evaluate the overall and individual effectiveness
of treatment providers throughout the State and develop best practices recommendations
and performance benchmarks pursuant to subsection f. of this section:

���� (1)�� wait times for patients,
from the time the patient first requests treatment to the time the patient
initiates treatment, and the reasons for any delays between an initial request
for treatment and the initiation of treatment;

���� (2)�� the levels and duration
of treatment provided to patients, including the time patients spend in each
level, phase, or program included in a course of treatment;

���� (3)�� the number of patients
referred to other treatment providers and the reasons for those referrals,
including whether referrals were made based on available capacity, the level of
treatment available from a given provider, or other reasons;

���� (4)�� the number of patients
who complete their course of treatment;

���� (5)�� the number of patients
who do not complete their course of treatment, and the reason why each patient
did not complete treatment, if known;

���� (6)�� relapse and long-term
recovery rates for patients after leaving treatment, which may incorporate
voluntary patient reporting; and

���� (7)�� any other data or
metrics the office deems necessary and appropriate.

���� c.���� (1)� The office shall
require treatment providers to regularly update the centralized database with
current information concerning the provider�s available treatment services and
resources.� The information reported by treatment providers shall include the
provider�s current number of open treatment spots, the level of treatment
available in each spot, the number of patients currently awaiting treatment
through the provider, and the number of treatment spots that the provider
reasonably anticipates will become available within the next 24 hours,
including the anticipated level of treatment available in each spot.� Each
provider shall update this information at least once every 12 hours, and at
more frequent intervals if the office determines that more frequent or
real-time reporting is feasible and appropriate.�

���� (2)�� The office shall provide
access to the information included in the centralized database pursuant to
paragraph (1) of this subsection to all treatment providers and to any
agencies, offices, or other entities that serve as a contact point for patients
seeking treatment for an alcohol use disorder or a drug use disorder, for the
purpose of referring patients to available and appropriate treatment.

���� d.��� The office shall
collaborate with the Office of the Attorney General and the Department of
Health to include in the centralized database data concerning the number,
location, and types of interventions performed throughout the State to treat
drug overdoses, and in particular overdoses involving opioid drugs, in order to
identify patterns in overdose incidents, coordinate outreach efforts in the
affected communities, and determine and direct the Statewide allocation of
funding and resources for the treatment of drug use disorders.

���� e.���� The office shall
utilize the data reported to the centralized database to determine appropriate
allocations of funding and resources available to the various State, county,
and local departments, divisions, offices, agencies, and treatment providers to
determine the most effective use of those funds and resources.� The office�s
findings and recommendations shall be included in the Comprehensive Statewide
Alcohol Use Disorders and Drug Use Disorders Master Plan submitted to the
Governor and to the Legislature pursuant to paragraph (2) of subsection b. of
section 1 of P.L.��� , c.��� (C.����� ) (pending before the Legislature as this
bill).

���� f.���� The office shall
utilize the data reported to the centralized database to develop best practices
guidelines and performance benchmarks for treatment providers.� The office, in
its discretion, may establish a program to provide financial or other incentives
to treatment providers who achieve certain performance benchmarks in such areas
as the office determines appropriate to drive improvements in the provision of
treatment for alcohol use disorders and drug use disorders, including, but not
limited to, achieving specified goals with regard to patient wait times,
patient retention rates, patient progression through a course of treatment, the
number and rate of patients who complete treatment, and other specific patient
outcomes.� The office shall periodically review and revise any incentive
program established pursuant to this section to maintain the integrity of the
incentive program, to ensure the incentive program is achieving improvements in
patient care, to review and revise the benchmarks as needed to better achieve
the intended outcomes and goals, and to revise or eliminate any aspects of an
incentive program that may result in adverse unintended consequences in the
provision of treatment to patients.

���� g.��� The office shall utilize
the data reported to the centralized database and consult with treatment
providers and appropriate State, county, and local agencies to identify
barriers that reduce the ability of patients to access appropriate services and
resources for the treatment of alcohol use disorders and drug use disorders.�
The office shall develop appropriate responses to address or remove barriers to
access, which may include: programs to provide transportation assistance, child
care assistance, or home visits; working with health benefits carriers to
secure coverage for all appropriate treatment modalities and services related
to treatment; and working with treatment providers to promote flexible
scheduling and expanded hours, and to encourage and support providers in
becoming authorized to prescribe and administer medication-assisted treatment.

���� h.��� For the purposes of
establishing and maintaining a centralized database pursuant to this section,
the office may utilize, modify, or adapt any existing systems that provide
functions related to, or that would supplement, the functions and purpose of
the centralized database, including, but not limited to, the database
established pursuant to P.L.2015, c.293 (C.26:2G-25.1 et seq.), the data
dashboard report developed pursuant to P.L.2017, c.155 (C.30:4-177.66 et
seq.), and nonidentifying prescription monitoring information furnished to the
office by the Director of the Division of Consumer Affairs in the Department of
Law and Public Safety pursuant to subsection m. of section 26 of P.L.2007,
c.244 (C.45:1-46).� The office shall be authorized to contract with an
independent third party to establish and maintain the centralized database
pursuant to this section.

���� i.���� To the extent that the
centralized database includes any personal identifying information or any
confidential health information concerning any patient, such information shall
not be disclosed to any entity except as may be required pursuant to State or federal
law.� The office shall seek to avoid requiring any personal identifying
information or confidential health information to be reported to, or included
in, the centralized database, except as may be necessary and consistent with
the purposes of P.L.� ��, c.��� (C.����� ) (pending before the Legislature as
this bill).

���� j.���� The office shall make
available to the public through its Internet website current data concerning
the provision of treatment for alcohol use disorders and drug use disorders in
the State, including:� patient wait times; treatment program completion rates;
reasons for non-completion of treatment; the level and nature of treatment
modalities provided and the average duration of each phase of treatment;
long-term recovery rates; remission and overdose rates; the number of patient
referrals made by treatment providers to another provider, and the reasons for
those referrals; and any other information the office deems appropriate.

���� 4.��� (New section)� a.� The
Office of Alcohol and Drug Use Disorders Policy shall develop standards,
policies, and procedures to support the various departments, divisions,
agencies, offices, and other entities that enter into contracts with treatment
providers in order to ensure compliance with the terms of the contract and any
applicable State or federal laws, regulations, and requirements, including, but
not limited to:

���� (1)�� ensuring that treatment
providers are meeting all requirements for payment under the contract;

���� (2)�� ensuring providers are
compliant with all applicable criminal history record background check
requirements and drug testing requirements for provider staff; and

���� (3)�� ensuring prompt
reconciliation of any claims for payment, including promptly closing out
contracts, processing claims for payment, and collecting receivables and any
other amounts owed to the department, division, agency, office, or entity.�

���� b.��� The office may designate
a compliance officer, who shall be authorized to retain appropriate staff to
provide support services to the various departments, divisions, agencies,
offices, and other entities for the purposes of this section.

���� 5.��� (New section)� As used
in sections 3 and 4 of P.L. , c. (C. )
(pending before the Legislature as this bill), �treatment provider� means any
entity that:� receives State, county, or local funding; and is licensed or
otherwise authorized by the Department of Health, or by the Division of Mental
Health and Addiction Services in the Department of Human Services, to provide
treatment, care, or related services to persons with alcohol use disorders or
drug use disorders.

���� 6.��� N.J.S.2C:35-15 is
amended to read as follows:

���� 2C:35-15.� a.� (1)� In
addition to any disposition authorized by this title, every person convicted of
a violation of any offense defined in this chapter or chapter 36 of this title
shall be assessed for each offense a penalty fixed at:

���� (a)�� $3,000 in the case of a
crime of the first degree;

���� (b)�� $2,000 in the case of a
crime of the second degree;

���� (c)�� $1,000 in the case of a
crime of the third degree;

���� (d)�� $750 in the case of a
crime of the fourth degree;

���� (e)�� $500 in the case of a
disorderly persons or petty disorderly persons offense.

���� (2)�� A person being sentenced
for more than one offense set forth in subsection a. of this section who is not
placed in supervisory treatment pursuant to this section or ordered to perform
reformative service pursuant to subsection f. of this section may, in the
discretion of the court, be assessed a single penalty applicable to the highest
degree offense for which the person is convicted, if the court finds that the
defendant has established the following:

���� (a)�� the imposition of
multiple penalties would constitute a serious hardship that outweighs the need
to deter the defendant from future criminal activity; and

���� (b)�� the imposition of a
single penalty would foster the defendant's rehabilitation.

���� Every person placed in
supervisory treatment pursuant to the provisions of N.J.S.2C:36A-1 or
N.J.S.2C:43-12 for a violation of any offense defined in this chapter or
chapter 36 of this title shall be assessed the penalty prescribed in this
section and applicable to the degree of the offense charged, except that the
court shall not impose more than one such penalty regardless of the number of
offenses charged.� If the person is charged with more than one offense, the
court shall impose as a condition of supervisory treatment the penalty
applicable to the highest degree offense for which the person is charged.

���� All penalties provided for in
this section shall be in addition to and not in lieu of any fine authorized by
law or required to be imposed pursuant to the provisions of N.J.S.2C:35-12.

���� b.��� All penalties provided
for in this section shall be collected as provided for collection of fines and
restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), and shall be
forwarded to the Department of the Treasury as provided in subsection c. of
this section.

���� c.���� All moneys collected
pursuant to this section shall be forwarded to the Department of the Treasury
to be deposited in a nonlapsing revolving fund to be known as the "Drug
Enforcement and Demand Reduction Fund."� Moneys in the fund shall be appropriated
by the Legislature on an annual basis for the purposes of funding in the
following order of priority: (1) the Alliance to Prevent
[
Alcoholism and
Drug Abuse
]

Alcohol and Drug Use Disorders
and its administration by the
[
Governor's
Council on Alcoholism and Drug Abuse
]

Office of Alcohol and Drug Use Disorders Policy
; (2) the
"Alcoholism and Drug Abuse Program for the Deaf, Hard of Hearing and
Disabled" established pursuant to section 2 of P.L.1995, c.318
(C.26:2B-37); (3) the "Partnership for a Drug Free New Jersey," the
State affiliate of the "Partnership for a Drug Free America"; and (4)
other alcohol and drug
[
abuse
]

use
disorder
programs.

���� Moneys appropriated for the
purpose of funding the "Alcoholism and Drug Abuse Program for the Deaf,
Hard of Hearing and Disabled" shall not be used to supplant moneys that
are available to the Department of Health and Senior Services as of the effective
date of P.L.1995, c.318 (C.26:2B-36 et al.), and that would otherwise have been
made available to provide alcoholism and drug abuse services for the deaf, hard
of hearing and disabled, nor shall the moneys be used for the administrative
costs of the program.

���� d.��� (Deleted by amendment,
P.L.1991, c.329).

���� e.���� The court may suspend
the collection of a penalty imposed pursuant to this section; provided the
person is ordered by the court to participate in a drug or alcohol
rehabilitation program approved by the court; and further provided that the
person agrees to pay for all or some portion of the costs associated with the
rehabilitation program.� In this case, the collection of a penalty imposed
pursuant to this section shall be suspended during the person's participation
in the approved, court-ordered rehabilitation program.� Upon successful
completion of the program, as determined by the court upon the recommendation
of the treatment provider, the person may apply to the court to reduce the
penalty imposed pursuant to this section by any amount actually paid by the
person for participating in the program.� The court shall not reduce the
penalty pursuant to this subsection unless the person establishes to the
satisfaction of the court that the person has successfully completed the
rehabilitation program.� If the person's participation is for any reason
terminated before successful completion of the rehabilitation program,
collection of the entire penalty imposed pursuant to this section shall be
enforced.� Nothing in this section shall be deemed to affect or suspend any
other criminal sanctions imposed pursuant to this chapter or chapter 36 of this
title.�

���� f.���� A person required to
pay a penalty under this section may propose to the court and the prosecutor a
plan to perform reformative service in lieu of payment of up to one-half of the
penalty amount imposed under this section.� The reformative service plan option
shall not be available if the provisions of paragraph (2) of subsection a. of
this section apply or if the person is placed in supervisory treatment pursuant
to the provisions of N.J.S.2C:36A-1 or N.J.S.2C:43-12.� For purposes of this
section, "reformative service" shall include training, education or
work, in which regular attendance and participation is required, supervised,
and recorded, and which would assist in the defendant's rehabilitation and
reintegration.� "Reformative service" shall include, but not be
limited to, substance abuse treatment or services, other therapeutic treatment,
educational or vocational services, employment training or services, family
counseling, service to the community and volunteer work.� For the purposes of
this section, an application to participate in a court-administered alcohol and
drug rehabilitation program shall have the same effect as the submission of a
reformative service plan to the court.�

���� The court, in its discretion,
shall determine whether to accept the plan, after considering the position of
the prosecutor, the plan's appropriateness and practicality, the defendant's
ability to pay, and the effect of the proposed service on the defendant's
rehabilitation and reintegration into society.� The court shall determine the
amount of the credit that would be applied against the penalty upon successful
completion of the reformative service, not to exceed one-half of the amount
assessed, except that the court may, in the case of an extreme financial
hardship, waive additional amounts of the penalty owed by a person who has
completed a court administered alcohol and drug rehabilitation program if
necessary to aid the person's rehabilitation and reintegration into society.�
The court shall not apply the credit against the penalty unless the person
establishes to the satisfaction of the court that the person has successfully
completed the reformative service.� If the person's participation is for any reason
terminated before his successful completion of the reformative service,
collection of the entire penalty imposed pursuant to this section shall be
enforced.� Nothing in this subsection shall be deemed to affect or suspend any
other criminal sanctions imposed pursuant to this chapter or chapter 36 of this
title.�

���� Any reformative service
ordered pursuant to this section shall be in addition to and not in lieu of any
community service imposed by the court or otherwise required by law.� Nothing
in this section shall

limit the court's authority to
order a person to participate in any activity, program, or treatment in
addition to those proposed in a reformative service plan.

(cf: P.L.2019, c.363, s.4)

���� 7.��� Section 4 of P.L.1983,
c.531 (C.26:2B-33) is amended to read as follows:

���� 4.��� a.� The governing body
of each county, in conjunction with the county agency or individual designated
by the county with the responsibility for planning services and programs for
the care or rehabilitation of persons with alcohol use
[
disorder
]

disorders

and

persons with
[
a substance
]

drug

use
[
disorder
involving drugs
]

disorders
, shall submit to
the Office of Alcohol and Drug Use
Disorders Policy,
the
[
Deputy
]

Assistant

Commissioner for the Division of Mental Health and Addiction Services
,

and the Governor's Council on Alcoholism and Drug Abuse an annual comprehensive
plan for the provision of community services to meet the needs of persons with
alcohol use
[
disorder
]

disorders

and persons with
[
a
substance
]

drug
use
[
disorder
involving drugs
]

disorders
.

���� b.��� The annual comprehensive
plan shall address the needs of urban areas with a population of 100,000 or
over and shall demonstrate linkage with existing resources which serve persons
with alcohol use
[
disorder
]

disorders

and persons with
[
a
substance
]

drug
use
[
disorder
]

disorders

and their families.� Special attention in the plan shall be given to alcohol
use
[
disorder
]

disorders

and
[
substance
]

drug

use
[
disorder
]

disorders

and youth; intoxicated drivers and drivers with
[
substance
]

drug

use
[
disorder
]

disorders
;
women and alcohol use
[
disorder
]

disorders

and
[
substance
]

drug

use
[
disorder
]

disorders
;
persons with disabilities and alcohol use
[
disorder
]

disorders

and
[
substance
]

drug

use
[
disorder
]

disorders
;
alcohol use
[
disorder
]

disorders

and
[
substance
]

drug

use
[
disorder
]

disorders

on the job; alcohol use
[
disorder
]

disorders

and
[
substance
]

drug

use
[
disorder
]

disorders

and crime; public information; and educational programs as defined in
subsection c. of this section.� Each county shall identify, within its annual
comprehensive plan, the Intoxicated Driver Resource Center which shall service
its population, as is required under subsection (f) of R.S.39:4-50.� The plan
may involve the provision of programs and services by the county, by an
agreement with a State agency, by private organizations, including volunteer
groups, or by some specified combination of the above.�

���� If the State in any year fails
to deposit the amount of tax receipts as is required under section 3 of
P.L.1983, c.531 (C.26:2B-32), a county may reduce or eliminate, or both, the
operation of existing programs currently being funded from the proceeds deposited
in the Alcohol Education, Rehabilitation and Enforcement Fund.

���� c.���� Programs established
with the funding for education from the fund shall include all courses in the
public schools required pursuant to P.L.1987, c.389 (C.18A:40A-1 et seq.),
programs for students included in the annual comprehensive plan for each
county, and in-service training programs for teachers and administrative
support staff including nurses, guidance counselors, child study team members,
and librarians.� All moneys dedicated to education from the fund shall be
allocated through the designated county alcohol use disorder and
[
substance
]

drug

use disorder agency and all programs shall be consistent with the annual
comprehensive county plan submitted to
the Office of Alcohol and Drug Use
Disorders Policy,
the
[
Deputy
]

Assistant

Commissioner for the Division of Mental Health and Addiction Services
,

and the Governor's Council on Alcoholism and Drug Abuse pursuant to this
section.� Moneys dedicated to education from the fund shall be first allocated
in an amount not to exceed 20 percent of the annual education allotment for the
in-service training programs, which shall be conducted in each county through
the office of the county alcohol use disorder and
[
substance
]

drug

use disorder coordinator in consultation with the county superintendent of
schools, local boards of education, local councils on alcohol use disorder and
[
substance
]

drug

use disorder and institutions of higher learning, including the Rutgers
University Center of Alcohol Studies.� The remaining money in the education
allotment shall be assigned to offset the costs of programs such as those which
assist employees, provide intervention for staff members, assist and provide
intervention for students
,
and focus on research and education
concerning youth and alcohol use
[
disorder
]

disorders

and
[
substance
]

drug

use
[
disorder
]

disorders
.�
These funds shall not replace any funds being currently spent on education and
training by the county.

���� d.��� The governing body of
each county, in conjunction with the county agency, or individual, designated
by the county with responsibility for services and programs for the care or
rehabilitation of persons with alcohol use
[
disorder
]

disorders

and persons with
[
substance
]

drug

use
[
disorder
]

disorders
,
shall establish a Local Advisory Committee on Alcohol Use
[
Disorder
]

Disorders

and
[
Substance
]

Drug

Use
[
Disorder
]

Disorders

to assist the governing body in development of the annual comprehensive plan.�
The advisory committee shall consist of no less than 10 nor more than 16
members and shall be appointed by the governing body.� At least two of the
members shall be persons recovering from alcohol use
[
disorder
]

disorders

and at least two of the members shall be persons recovering from
[
substance
]

drug

use
[
disorder
]

disorders
.�
The committee shall include the county prosecutor or his designee, a wide range
of public and private organizations involved in the treatment of alcohol use
disorders and
[
substance
]

drug

use
[
disorder
]

disorders
-related
problems and other individuals with interest or experience in issues concerning
alcohol
[
substance
]
use
[
disorder
]

disorders

and
[
substance
]

drug

use
[
disorder
]

disorders
.�
Each committee shall, to the maximum extent feasible, represent the various
socioeconomic, racial
,
and ethnic groups of the county in which it
serves.�

���� Within 60 days of the
effective date of P.L.1989, c.51 (C.26:2BB-1 et al.), the Local Advisory
Committee on Alcohol Use
[
Disorder
]

Disorders

and
[
Substance
]

Drug

Use
[
Disorder
]

Disorders

shall organize and elect a chairman from among its members.

���� e.���� The
[
Deputy
Commissioner for the Division of Mental Health and Addiction Services
]

Office of
Alcohol and Drug Use Disorders Policy
shall review the county plan pursuant
to a procedure developed by the
[
deputy
commissioner
]

office
.� In determining whether to approve an annual comprehensive plan
under
[
this
act
]

P.L.1983,
c.531 (C.26:2B-32 et al.)
, the
[
deputy
commissioner
]

Office of Alcohol and Drug Use Disorders Policy
shall consider whether
the plan is designed to meet the goals and objectives of the "Alcoholism
Treatment and Rehabilitation Act," P.L.1975, c.305 (C.26:2B-7 et seq.) and
the "Narcotic and Drug Abuse Control Act of 1969," P.L.1969, c.152
(C.26:2G-1 et seq.) and whether implementation of the plan is feasible.� Each
county plan submitted to the
[
deputy
commissioner
]

Office of Alcohol and Drug Use Disorders Policy
shall be presumed valid;
provided it is in substantial compliance with the provisions of
[
this act
]

P.L.1983,
c.531 (C.26:2B-32 et al.)
.� Where the
[
department
]

Office of
Alcohol and Drug Use Disorders Policy
fails to approve a county plan, the
county may request a court hearing on that determination.�

(cf: P.L.2023, c.177, s.66)

���� 8.��� Section 2 of P.L.1995,
c.318 (C.26:2B-37) is amended to read as follows:

���� 2.��� a.� The Commissioner of
Health shall establish an "Alcohol and Drug Abuse Program for the Deaf,
Hard of Hearing and Disabled".

���� b.��� Pursuant to
Reorganization Plan No. 002-2004, the Commissioner of Human Services shall
continue to operate the program established pursuant to subsection a. of this
section through the Division of Mental Health and Addiction Services in the
Department of Human Services, in consultation with the
Office of Alcohol and
Drug Use Disorders Policy and the
Governor's Council on Alcoholism and Drug
Abuse.

(cf: P.L.2023, c.177, s.69)

���� 9.��� Section 4 of P.L.1989,
c.51 (C.26:2BB-4) is amended to read as follows:

���� 4.��� The Governor's Council
on Alcoholism and Drug Abuse is authorized and empowered to:

���� a.���� Review and
[
coordinate all
State departments'
]

provide recommendations concerning the
efforts
of the various State
departments
in regard to the planning and provision of treatment,
prevention, research, evaluation, and education services for, and public
awareness of,
[
alcoholism
and drug abuse
]

alcohol use disorders and drug use disorders
;

���� b.���
[
Prepare by
July 1 of each year,
]

Assist the Office of Alcohol and Drug Use Disorders Policy to prepare

the State government component of the Comprehensive Statewide
[
Alcoholism and
Drug Abuse
]

Alcohol Use Disorders and Drug Use Disorders
Master Plan for the
treatment, prevention, research, evaluation, education
,
and public
awareness of
[
alcoholism
and drug abuse
]

alcohol use disorders and drug use disorders
in this State, which plan
shall include an emphasis on prevention, community awareness, and family and
youth services;

���� c.����
[
Review
]

Support
the Office of Alcohol and Drug Use Disorders Policy in its review of
each
County Annual Alliance Plan and
[
the
]

in making
its
recommendations
[
of
the Division of Alcoholism and Drug Abuse in the Department of Health
]
for awarding
[
the
]
Alliance
grants
[
and,
by October 1 of each year, return the plan to the Local Advisory Committee on
Alcoholism and Drug Abuse with the council's proposed recommendations for
awarding Alliance grants
]
;

���� d.��� Submit
, on an annual
basis, recommendations
to the Governor and the Legislature
[
by December 1
of each year the Comprehensive Statewide Alcoholism and Drug Abuse Master Plan
which shall include recommended
]

concerning
appropriate allocations to State departments, local
governments
,
and local agencies and service providers of
[
all
]
State and
federal funds for the treatment, prevention, research, evaluation, education
,

and public awareness of
[
alcoholism
and drug abuse in accordance with the regular budget cycle
]

alcohol
use disorders and drug use disorders
,
[
and
shall incorporate and unify all
]

along with recommendations for the incorporation and unification of

State, county, local
,
and private alcohol
use disorders
and drug
[
abuse
]

use
disorders
initiatives;

���� e.����
[
Distribute
]

Provide
recommendations to the Office of Alcohol and Drug Use Disorders Policy
concerning the distribution of
grants
[
,
upon the recommendation of the executive director of the council, by August 1
of each year
]

to counties and municipalities for
[
alcohol
and drug abuse
]

alcohol use disorders and drug use disorders
programs established under
the Alliance to Prevent
[
Alcoholism
and Drug Abuse
]

Alcohol and Drug Use Disorders
;

���� f.���� Evaluate the existing
funding mechanisms for
[
alcoholism
and drug abuse
]

alcohol use disorders and drug use disorders
services and recommend to
the Governor and the Legislature any changes which may improve the coordination
of services to citizens in this State;

���� g.��� Encourage the
development or expansion of employee assistance programs for employees in both
government and the private sector;

���� h.��� Evaluate the need for,
and feasibility of, including other addictions, such as smoking and gambling,
within the scope and responsibility of the council;

���� i.���� Collect from any State,
county, local governmental entity or any other appropriate source data,
reports, statistics
,
or other materials which are necessary to carry out
the council's functions; and

���� j.���� Pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
adopt rules and regulations necessary to carry out the purposes of
[
this act
]

P.L.1989,
c.51 (C.26:2BB-1 et al.)
.

���� The council shall not accept
or receive moneys from any source other than moneys deposited in, and
appropriated from, the "Drug Enforcement and Demand Reduction Fund"
established pursuant to N.J.S.2C:35-15 and any moneys appropriated by law for
operating expenses of the council or appropriated pursuant to section 19 of
P.L.1989, c.51.

(cf: P.L.2023, c.177, s.73)

���� 10.� Section 7 of P.L.1989,
c.51 (C.26:2BB-7) is amended to read as follows:

���� 7.��� a.� There is created an
Alliance to Prevent
[
Alcoholism
and Drug Abuse
]

Alcohol and Drug Use Disorders
, hereinafter referred to as the
"Alliance," in the
[
Governor's
Council on Alcoholism and Drug Abuse
]

Office of Alcohol and Drug Use Disorders Policy
.� The purpose of the
Alliance is to create a network comprised of all the communities in New Jersey
which is dedicated to a comprehensive and coordinated effort against
[
alcoholism and
drug abuse
]

alcohol use disorders and drug use disorders
.� The Alliance shall be a
mechanism both for implementing policies to reduce
[
alcoholism and drug abuse
]

the
incidence of alcohol use disorders and drug use disorders
at the municipal
level, and for providing funds, including moneys from mandatory penalties on
drug offenders, to member communities to support appropriate county and
municipal-based
[
alcohol
and drug abuse
]

alcohol use disorders and drug use disorders
education and public
awareness activities.�

���� b.��� The
[
Governor's
Council on Alcoholism and Drug Abuse
]

Office of Alcohol and Drug Use Disorders Policy
shall adopt rules and
regulations for participation in, and the operation of, the Alliance and for
the awarding of grants to municipalities and counties from funds appropriated
for such purposes pursuant to P.L.1989, c.51 (C.26:2BB-1 et al.), section 5 of
P.L.1993, c.216 (C.54:43-1.3)
,
and funds derived from the
"Drug Enforcement and Demand Reduction Fund" established pursuant to
N.J.S.2C:35-15, for the purpose of developing:

���� (1)�� Organized and
coordinated efforts involving schools, law enforcement, business groups
,

and other community organizations for the purpose of reducing
[
alcoholism and
drug abuse
]

the incidence of alcohol use disorders and drug use disorders
;�

���� (2)�� In cooperation with
local school districts, comprehensive and effective
[
alcoholism and drug abuse
]

alcohol
use disorders and drug use disorders
education programs in grades
kindergarten through 12;�

���� (3)�� In cooperation with
local school districts, procedures for the intervention, treatment
,
and
discipline of students abusing alcohol or drugs;

���� (4)�� Comprehensive
[
alcoholism and
drug abuse
]

alcohol use disorders and drug use disorders
education, support
,

and outreach efforts for parents in the community; and

���� (5)�� Comprehensive
[
alcoholism and
drug abuse
]

alcohol use disorders and drug use disorders
community awareness
programs.

���� c.���� Funds disbursed under
this section shall not supplant local funds that would have otherwise been made
available for
[
alcoholism
and drug abuse
]

alcohol use disorders and drug use disorders
initiatives.� Communities
shall provide matching funds when and to the extent required by the regulations
adopted pursuant to this section.�

���� d.��� The county agency or
individual designated by the governing body of each county pursuant to
subsection a. of section 4 of P.L.1983, c.531 (C.26:2B-33), is authorized to
receive from the
[
Governor's
Council on Alcoholism and Drug Abuse
]

Office of Alcohol and Drug Use Disorders Policy
moneys made available
pursuant to this section.� The designated county agency or individual shall
establish a separate fund for the receipt and disbursement of these moneys.�

(cf: P.L.2023, c.177, s.76)

���� 11.� Section 8 of P.L.1989,
c.51 (C.26:2BB-8) is amended to read as follows:

���� 8.��� a.� Each Local Advisory
Committee on
[
Alcoholism
and Drug Abuse
]

Alcohol and Drug Use Disorders
, established pursuant to section 4 of
P.L.1983, c.531 (C.26:2B-33), shall establish a County Alliance Steering
Subcommittee in conjunction with regulations adopted by the
[
Governor's
Council on Alcoholism and Drug Abuse
]

Office of Alcohol and Drug Use Disorders Policy
.� The members of the
subcommittee shall include, but not be limited to, private citizens and
representatives of the:

���� (1)�� Local Advisory Committee
on
[
Alcoholism
and Drug Abuse
]

Alcohol and Drug Use Disorders
;

���� (2)�� County Human Services
Advisory Council;

���� (3)�� County Superintendent of
Schools;

���� (4)�� Existing county council
on
[
alcoholism
]

alcohol
use disorders
, if any;

���� (5)�� County Prosecutor's
office;

���� (6)�� Family part of the
Chancery Division of the Superior Court;

���� (7)�� Youth Services
Commission;

���� (8)�� County School Board
Association;

���� (9)�� County health agency;

���� (10) County mental health
agency;

���� (11) Local businesses;

���� (12) County affiliate of the
New Jersey Education Association; and

���� (13) Other service providers.

���� b.��� The functions of the
County Alliance Steering Subcommittee shall include:

���� (1)�� Development and
submission of a County Annual Alliance Plan for the expenditure of funds
derived from the "Drug Enforcement and Demand Reduction Fund,"
N.J.S.2C:35-15;

���� (2)�� Development of programs
and fiscal guidelines consistent with directives of the
[
Governor's
Council on Alcoholism and Drug Abuse
]

Office of Alcohol and Drug Use Disorders Policy
for the awarding of
funds to counties and municipalities for drug and alcohol Alliance activities;

���� (3)�� Identification of a
network of community leadership for the expansion, replication
,
and
development of successful community model programs throughout the county; and

���� (4)�� Coordination of projects
among and within municipalities to assure cost effectiveness and avoid
fragmentation and duplication.

���� c.���� The County Alliance
Steering Subcommittee shall ensure that the funds dedicated to education
pursuant to section 2 of P.L.1983, c.531 (C.54:32C-3.1) do not duplicate the
Alliance effort.

���� d.��� The Local Advisory
Committee on
[
Alcoholism
and Drug Abuse
]

Alcohol and Drug Use Disorders
shall review and approve the County
Annual Alliance Plan and submit this plan by July 1 of each year to the
[
Division of
Alcoholism and Drug Abuse in the Department of Health and to the Governor's
Council on Alcoholism and Drug Abuse
]

Office of Alcohol and Drug Use Disorders Policy
.

���� e.���� After the County Annual
Alliance Plan is returned by the
[
Governor's
Council on Alcoholism and Drug Abuse
]

Office of Alcohol and Drug Use Disorders Policy
to the Local Advisory
Committee on
[
Alcoholism
and Drug Abuse
]

Alcohol and Drug Use Disorders
with the
[
council's
]

office�s

proposed recommendations for awarding the Alliance grants, pursuant to
[
subsection c.
of section 4 of this amendatory and supplementary act
]

paragraph (3) of subsection
b. of section 1 of P.L.��� , c.���
(C. ) (pending before the
Legislature as this bill)
, the committee, in conjunction with the
[
council
]

office
,
may revise its plan in accordance with the
[
council's
]

office�s

proposed recommendations.

���� The revised plan shall be
completed in such time that it can be included in the
[
council's
]

office�s
annual
recommendations to the Governor and the Legislature
[
that are due
on December 1 of each year
]
.

(cf: P.L.2023, c.177, s.77)

���� 12.� Section 1 of P.L.1971,
c.128 (C.26:2G-31) is amended to read as follows:

���� 1.��� It is declared to be the
public policy of this State that the prevention of
[
substance
]

drug

use,
[
substance
]

drug

use disorders
,
and the treatment and rehabilitation of persons with
[
substance
]

drug

use disorders is a matter of grave concern to the people of the State and
requires that a comprehensive program be established to provide the broadest
spectrum of medical and community services possible for local treatment and
counseling facilities on a Statewide basis.� Further, this Statewide effort
must avoid divisiveness, organizational uncertainty, unnecessary duplication of
efforts
,
and unproductive controversy and, therefore, will require
coordination and supervision of local operations through strategically placed
regional centers, all to be administered through the
[
Division of Mental Health and
Addiction Services in the Department of Human Services
]

Office of
Alcohol and Drug Use Disorders Policy
.

(cf: P.L.2017, c.131, s.94)

���� 13.� R.S.39:4-50 is amended to
read as follows:

���� 39:4-50.� (a)� A person who
operates a motor vehicle while under the influence of intoxicating liquor,
narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle
with a blood alcohol concentration of 0.08% or more by weight of alcohol in the
defendant's blood or permits another person who is under the influence of
intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to
operate a motor vehicle the person owns or which is in the person's custody or
control or permits another to operate a motor vehicle with a blood alcohol
concentration of 0.08% or more by weight of alcohol in the defendant's blood
shall be subject:

���� (1)�� For the first offense:

���� (i)��� if the person's blood
alcohol concentration is 0.08% or higher but less than 0.10%, or the person
operates a motor vehicle while under the influence of intoxicating liquor, or
the person permits another person who is under the influence of intoxicating liquor
to operate a motor vehicle owned by him or in his custody or control or permits
another person with a blood alcohol concentration of 0.08% or higher but less
than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more
than $400 and a period of detainment of not less than 12 hours nor more than 48
hours spent during two consecutive days of not less than six hours each day and
served as prescribed by the program requirements of the Intoxicated Driver
Resource Centers established under subsection (f) of this section and, in the
discretion of the court, a term of imprisonment of not more than 30 days. In
addition, the court shall order the person to forfeit the right to operate a
motor vehicle over the highways of this State until the person installs an
ignition interlock device in one motor vehicle the person owns, leases, or
principally operates, whichever the person most often operates, for the purpose
of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.);

���� (ii)�� if the person's blood
alcohol concentration is 0.10% or higher, or the person operates a motor
vehicle while under the influence of a narcotic, hallucinogenic or
habit-producing drug, or the person permits another person who is under the
influence of a narcotic, hallucinogenic or habit-producing drug to operate a
motor vehicle owned by him or in his custody or control, or permits another
person with a blood alcohol concentration of 0.10% or more to operate a motor
vehicle, to a fine of not less than $300 nor more than $500 and a period of
detainment of not less than 12 hours nor more than 48 hours spent during two
consecutive days of not less than six hours each day and served as prescribed
by the program requirements of the Intoxicated Driver Resource Centers
established under subsection (f) of this section and, in the discretion of the
court, a term of imprisonment of not more than 30 days;

���� in the case of a person who is
convicted of operating a motor vehicle while under the influence of a narcotic,
hallucinogenic or habit-producing drug or permitting another person who is
under the influence of a narcotic, hallucinogenic or habit-producing drug to
operate a motor vehicle owned by the person or under the person's custody or
control, the person shall forfeit the right to operate a motor vehicle over the
highways of this State for a period of not less than seven months nor more than
one year;

���� in the case of a person whose
blood alcohol concentration is 0.10% or higher but less than 0.15%, the person
shall forfeit the right to operate a motor vehicle over the highways of this
State until the person installs an ignition interlock device in one motor
vehicle the person owns, leases, or principally operates, whichever the person
most often operates, for the purpose of complying with the provisions of
P.L.1999, c.417 (C.39:4-50.16 et al.);

���� in the case of a person whose
blood alcohol concentration is 0.15% or higher, the person shall forfeit the
right to operate a motor vehicle over the highways of this State for a period
of not less than four months or more than six months following installation of
an ignition interlock device in one motor vehicle the person owns, leases, or
principally operates, whichever the person most often operates, for the purpose
of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.);

���� (iii)� (Deleted by amendment,
P.L.2019, c.248)

���� (2)�� For a second violation,
a person shall be subject to a fine of not less than $500 nor more than $1,000,
and shall be ordered by the court to perform community service for a period of
30 days, which shall be of such form and on terms the court shall deem appropriate
under the circumstances, and shall be sentenced to imprisonment for a term of
not less than 48 consecutive hours, which shall not be suspended or served on
probation, or more than 90 days, and shall forfeit the right to operate a motor
vehicle over the highways of this State for a period of not less than one year
or more than two years upon conviction.

���� After the expiration of the
license forfeiture period, the person may make application to the Chief
Administrator of the New Jersey Motor Vehicle Commission for a license to
operate a motor vehicle, which application may be granted at the discretion of
the chief administrator, consistent with subsection (b) of this section.� For a
second violation, a person also shall be required to install an ignition
interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et
al.).�

���� (3)�� For a third or
subsequent violation, a person shall be subject to a fine of $1,000, and shall
be sentenced to imprisonment for a term of not less than 180 days in a county
jail or workhouse, except that the court may lower such term for each day, not
exceeding 90 days, served participating in a drug or alcohol inpatient
rehabilitation program approved by the Intoxicated Driver Resource Center and
shall thereafter forfeit the right to operate a motor vehicle over the highways
of this State for eight years. �

���� For a third or subsequent
violation, a person also shall be required to install an ignition interlock
device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).�

���� As used in this section, the
phrase "narcotic, hallucinogenic or habit-producing drug" includes an
inhalant or other substance containing a chemical capable of releasing any
toxic vapors or fumes for the purpose of inducing a condition of intoxication,
such as any glue, cement or any other substance containing one or more of the
following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate
or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their
isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene
dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl ethyl
ketone, nitrous oxide, n-propyl alcohol,
[
pentachlorophenol
]

phencyclidine
,
petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene,
toluol or xylene or any other chemical substance capable of causing a condition
of intoxication, inebriation, excitement, stupefaction or the dulling of the
brain or nervous system as a result of the inhalation of the fumes or vapors of
such chemical substance.

���� Whenever an operator of a
motor vehicle has been involved in an accident resulting in death, bodily
injury or property damage, a police officer shall consider that fact along with
all other facts and

circumstances in determining
whether there are reasonable grounds to believe that person was operating a
motor vehicle in violation of this section.

���� A conviction of a violation of
a law of a substantially similar nature in another jurisdiction, regardless of
whether that jurisdiction is a signatory to the Interstate Driver License
Compact pursuant to P.L.1966, c.73 (C.39:5D-1 et seq.), shall constitute a
prior conviction under this subsection unless the defendant can demonstrate by
clear and convincing evidence that the conviction in the other jurisdiction was
based exclusively upon a violation of a proscribed blood alcohol concentration
of less than 0.08%.

���� If the driving privilege of
any person is under revocation or suspension for a violation of any provision
of this Title or Title 2C of the New Jersey Statutes at the time of any
conviction for a violation of this section, the revocation or suspension period
imposed shall commence as of the date of termination of the existing revocation
or suspension period.� In the case of any person who at the time of the
imposition of sentence is less than 17 years of age, the forfeiture, suspension
or revocation of the driving privilege imposed by the court under this section
shall commence immediately, run through the offender's seventeenth birthday and
continue from that date for the period set by the court pursuant to paragraphs
(1) through (3) of this subsection.� A court that imposes a term of
imprisonment for a first or second offense under this section may sentence the
person so convicted to the county jail, to the workhouse of the county wherein
the offense was committed, to an inpatient rehabilitation program or to an
Intoxicated Driver Resource Center or other facility approved by the chief of
the Intoxicated Driving Program Unit in the Division of Mental Health and
Addiction Services in the Department of
[
Health
]

Human
Services
.� For a third or subsequent offense a person shall not serve a
term of imprisonment at an Intoxicated Driver Resource Center as provided in
subsection (f).�

���� A person who has been
convicted of a previous violation of this section need not be charged as a
second or subsequent offender in the complaint made against him in order to
render him liable to the punishment imposed by this section on a second or
subsequent offender, but if the second offense occurs more than 10 years after
the first offense, the court shall treat the second conviction as a first
offense for sentencing purposes and if a third offense occurs more than 10
years after the second offense, the court shall treat the third conviction as a
second offense for sentencing purposes.�

���� (b)�� A person convicted under
this section must satisfy the screening, evaluation, referral, program and fee
requirements of the Division of Mental Health and Addiction Services'
Intoxicated Driving Program Unit, and of the Intoxicated Driver Resource
Centers and a program of alcohol and drug education and highway safety, as
prescribed by the chief administrator. The sentencing court shall inform the
person convicted that failure to satisfy such requirements shall result in a
mandatory two-day term of imprisonment in a county jail and a driver license
revocation or suspension and continuation of revocation or suspension until
such requirements are satisfied, unless stayed by court order in accordance
with the Rules Governing the Courts of the State of New Jersey, or
R.S.39:5-22.� Upon sentencing, the court shall forward to the Division of
Mental Health and Addiction Services' Intoxicated Driving Program Unit a copy
of a person's conviction record.� A fee of $100 shall be payable to the Alcohol
Education, Rehabilitation and Enforcement Fund established pursuant to section
3 of P.L.1983, c.531 (C.26:2B-32) to support the Intoxicated Driving Program
Unit.�

���� (c)�� Upon conviction of a
violation of this section, the court shall collect forthwith the New Jersey
driver's license or licenses of the person so convicted and forward such
license or licenses to the chief administrator.� The court shall inform the
person convicted that if he is convicted of personally operating a motor
vehicle during the period of license suspension imposed pursuant to subsection
(a) of this section, he shall, upon conviction, be subject to the penalties
established in R.S.39:3-40. The person convicted shall be informed orally and
in writing.� A person shall be required to acknowledge receipt of that written
notice in writing. Failure to receive a written notice or failure to
acknowledge in writing the receipt of a written notice shall not be a defense
to a subsequent charge of a violation of R.S.39:3-40.� In the event that a
person convicted under this section is the holder of any out-of-State driver's
license, the court shall not collect the license but shall notify forthwith the
chief administrator, who shall, in turn, notify appropriate officials in the
licensing jurisdiction.� The court shall, however, revoke the nonresident's
driving privilege to operate a motor vehicle in this State, in accordance with
this section.� Upon conviction of a violation of this section, the court shall
notify the person convicted, orally and in writing, of the penalties for a
second, third or subsequent violation of this section.� A person shall be
required to acknowledge receipt of that written notice in writing. Failure to
receive a written notice or failure to acknowledge in writing the receipt of a
written notice shall not be a defense to a subsequent charge of a violation of
this section.

���� (d)�� The chief administrator
shall promulgate rules and regulations pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) in order to establish
a program of alcohol education and highway safety, as prescribed by
[
this act
]

P.L.1977,
c.29
.

���� (e)�� Any person accused of a
violation of this section who is liable to punishment imposed by this section
as a second or subsequent offender shall be entitled to the same rights of
discovery as allowed defendants pursuant to the Rules Governing the Courts

of the State of New Jersey.

���� (f)�� The counties, in
cooperation with the Division of Mental Health and Addiction Services and the
commission, but subject to the approval of the Division of Mental Health and
Addiction Services, shall designate and establish on a county or regional basis
Intoxicated Driver Resource Centers.� These centers shall have the capability
of serving as community treatment referral centers and as court monitors of a
person's compliance with the ordered treatment, service alternative or
community service.� All centers established pursuant to this subsection shall
be administered by a counselor certified by the Addiction Professionals
Certification Board of New Jersey or other professional with a minimum of five
years' experience in the treatment of alcoholism.� All centers shall be
required to develop individualized treatment plans for all persons attending
the centers; provided that the duration of any ordered treatment or referral
shall not exceed one year.� It shall be the center's responsibility to
establish networks with the community alcohol and drug education, treatment and
rehabilitation resources and to receive monthly reports from the referral
agencies regarding a person's participation and compliance with the program.�
Nothing in this subsection shall bar these centers from developing their own
education and treatment programs; provided that they are approved by the
Division of Mental Health and Addiction Services.�

���� Upon a person's failure to
report to the initial screening or any subsequent ordered referral, the
Intoxicated Driver Resource Center shall promptly notify the sentencing court
of the person's failure to comply.

���� Required detention periods at
the Intoxicated Driver Resource Centers shall be determined according to the
individual treatment classification assigned by the Intoxicated Driving Program
Unit. Upon attendance at an Intoxicated Driver Resource Center, a person shall
be required to pay a per diem fee of $75 for the first offender program or a
per diem fee of $100 for the second offender program, as appropriate.� Any
increases in the per diem fees after the first full year shall be determined
pursuant to rules and regulations adopted by the Commissioner of
[
Health
]

Human
Services
in consultation with the
[
Governor's
Council on Alcoholism and Drug Abuse
]

Office of Alcohol and Drug Use Disorders Policy
pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

���� The centers shall conduct a
program of alcohol and drug education and highway safety, as prescribed by the
chief administrator.

���� The Commissioner of
[
Health
]

Human
Services
shall adopt rules and regulations pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
in order to effectuate the purposes of this subsection.

���� (g)�� (Deleted by amendment,
P.L.2019, c.248)

���� (h)�� A court also may order a
person convicted pursuant to subsection (a) of this section, to participate in
a supervised visitation program as either a condition of probation or a form of
community service, giving preference to those who were under the age of 21 at
the time of the offense.� Prior to ordering a person to participate in such a
program, the court may consult with any person who may provide useful
information on the defendant's physical, emotional and mental suitability for
the visit to ensure that it will not cause any injury to the defendant.� The
court also may order that the defendant participate in a counseling session
under the supervision of the Intoxicated Driving Program Unit prior to
participating in the supervised visitation program.� The supervised visitation
program shall be at one or more of the following facilities which have agreed
to participate in the program under the supervision of the facility's personnel
and the probation department:

���� (1)�� a trauma center,
critical care center or acute care hospital having basic emergency services,
which receives victims of motor vehicle accidents for the purpose of observing
appropriate victims of drunk drivers and victims who are, themselves, drunk
drivers;

���� (2)�� a facility which cares
for
patients who have
advanced
[
alcoholics
or drug abusers
]

alcohol or drug use disorders
, to observe persons in the advanced stages
of
[
alcoholism
or drug abuse
]

an alcohol or drug use disorder
; or

���� (3)�� if approved by a county
medical examiner, the office of the county medical examiner or a public morgue
to observe appropriate victims of vehicle accidents involving drunk drivers.

���� As used in this section,
"appropriate victim" means a victim whose condition is determined by
the facility's supervisory personnel and the probation officer to be
appropriate for demonstrating the results of accidents involving drunk drivers
without being unnecessarily gruesome or traumatic to the defendant.

���� If at any time before or
during a visitation the facility's supervisory personnel and the probation
officer determine that the visitation may be or is traumatic or otherwise
inappropriate for that defendant, the visitation shall be terminated without
prejudice to the defendant.� The program may include a personal conference
after the visitation, which may include the sentencing judge or the judge who
coordinates the program for the court, the defendant, defendant's counsel, and,
if available, the defendant's parents to discuss the visitation and its effect
on the defendant's future conduct.� If a personal conference is not practicable
because of the defendant's absence from the jurisdiction, conflicting time
schedules, or any other reason, the court shall require the defendant to submit
a written report concerning the visitation experience and its impact on the
defendant.� The county, a court, any facility visited pursuant to the program,
any agents, employees, or independent contractors of the court, county, or
facility visited pursuant to the program, and any person supervising a
defendant during the visitation, are not liable for any civil damages resulting
from injury to the defendant, or for civil damages associated with the
visitation which are caused by the defendant, except for willful or grossly
negligent acts intended to, or reasonably expected to result in, that injury or
damage.�

���� The Supreme Court may adopt
court rules or directives to effectuate the purposes of this subsection.

���� (i)��� In addition to any
other fine, fee, or other charge imposed pursuant to law, the court shall
assess a person convicted of a violation of the provisions of this section a
surcharge of $125, of which amount $50 shall be payable to the municipality in
which the conviction was obtained, $50 shall be payable to the Treasurer of the
State of New Jersey for deposit into the General Fund, and $25 which shall be
payable as follows: in a matter where the summons was issued by a
municipality's law enforcement agency, to that municipality to be used for the
cost of equipping police vehicles with mobile video recording systems pursuant
to the provisions of section 1 of P.L.2014, c.54 (C.40A:14-118.1); in a matter
where the summons was issued by a county's law enforcement agency, to that
county; and in a matter where the summons was issued by a State law enforcement
agency, to the General Fund.

(cf: P.L.2019, c.248, s.2)

���� 14.� Section 26 of P.L.2007,
c.244 (C.45:1-46) is amended to read as follows:

���� 26.� Access to prescription
information.�

���� a.���� The division shall
maintain procedures to ensure privacy and confidentiality of patients and that
patient information collected, recorded, transmitted, and maintained is not
disclosed, except as permitted in this section, including, but not limited to,
the use of a password-protected system for maintaining this information and
permitting access thereto as authorized under sections 25 through 30 of
P.L.2007, c.244 (C.45:1-45 through C.45:1-50), and a requirement that a person
as listed in subsection h. or i. of this section provide affirmation of the
person's intent to comply with the provisions of sections 25 through 30 of
P.L.2007, c.244 (C.45:1-45 through C.45:1-50) as a condition of accessing the
information.

���� b.��� The prescription
monitoring information submitted to the division shall be confidential and not
be subject to public disclosure under P.L.1963, c.73 (C.47:1A-1 et seq.), or
P.L.2001, c.404 (C.47:1A-5 et al.).

���� c.���� The division shall
review the prescription monitoring information provided by a pharmacy permit
holder pursuant to sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through
C.45:1-50).� The review shall include, but not be limited to:

���� (1)�� a review to identify
whether any person is obtaining a prescription in a manner that may be
indicative of misuse, abuse, or

diversion of a controlled dangerous
substance.� The director shall establish guidelines regarding the terms
"misuse," "abuse," and "diversion" for the
purposes of this review.� When an evaluation of the information indicates that
a person may be obtaining a prescription for the same or a similar controlled
dangerous substance from multiple practitioners or pharmacists during the same
time period, the division may provide prescription monitoring information about
the person to practitioners and pharmacists; and

���� (2)�� a review to identify
whether a violation of law or regulation or a breach of the applicable
standards of practice by any person may have occurred, including, but not
limited to, diversion of a controlled dangerous substance.� If the division
determines that such a violation or breach may have occurred, the division
shall notify the appropriate law enforcement agency or professional licensing
board, and provide the prescription monitoring information required for an
investigation.

���� d.��� (Deleted by amendment,
P.L.2015, c.74)

���� e.���� (Deleted by amendment,
P.L.2015, c.74)

���� f.���� (Deleted by amendment,
P.L.2015, c.74)

���� g.��� (Deleted by amendment,
P.L.2015, c.74)

���� h. (1) A practitioner shall
register to access prescription monitoring information upon initial application
for, or renewal of, the practitioner's CDS registration.

���� (2)�� The division shall
provide to a pharmacist who is employed by a current pharmacy permit holder
online access to prescription monitoring information for the purpose of
providing health care to a current patient or verifying information with
respect to a patient or a prescriber.

���� (3)�� The division shall
provide to a practitioner who has a current CDS registration online access to
prescription monitoring information for the purpose of providing health care to
a current patient or verifying information with respect to a patient or a prescriber.
The division shall also grant online access to prescription monitoring
information to as many licensed health care professionals as are authorized by
a practitioner to access that information and for whom the practitioner is
responsible for the use or misuse of that information, subject to a limit on
the number of such health care professionals as deemed appropriate by the
division for that particular type and size of professional practice, in order
to minimize the burden to practitioners to the extent practicable while
protecting the confidentiality of the prescription monitoring information
obtained.� The director shall establish, by regulation, the terms and
conditions under which a practitioner may delegate that authorization,
including procedures for authorization and termination of authorization,
provisions for maintaining confidentiality, and such other matters as the
division may deem appropriate.

���� (4)�� The division shall
provide online access to prescription monitoring information to as many medical
or dental residents as are authorized by a faculty member of a medical or
dental teaching facility to access that information and for whom the
practitioner is responsible for the use or misuse of that information.� The
director shall establish, by regulation, the terms and conditions under which a
faculty member of a medical or dental teaching facility may delegate that
authorization, including procedures for authorization and termination of
authorization, provisions for maintaining confidentiality, provisions regarding
the duration of a medical or dental resident's authorization to access
prescription monitoring information, and such other matters as the division may
deem appropriate.

���� (5)�� (a)� The division shall
provide online access to prescription monitoring information to:

���� (i)��� as many certified
medical assistants as are authorized by a practitioner to access that
information and for whom the practitioner is responsible for the use or misuse
of that information;

���� (ii)�� as many medical scribes
working in a hospital's emergency department as are authorized by a
practitioner to access that information and for whom the practitioner is
responsible for the use or misuse of that information; and

���� (iii)� as many licensed
athletic trainers working in a clinical setting as are authorized by a
practitioner to access that information and for whom the practitioner is
responsible for the use or misuse of that information.�

���� (b)�� The director shall
establish, by regulation, the terms and conditions under which a practitioner
may delegate authorization pursuant to subparagraph (a) of this paragraph,
including procedures for authorization and termination of authorization,
provisions for maintaining confidentiality, provisions regarding the duration
of a certified medical assistant's, medical scribe's, or licensed athletic
trainer's authorization to access prescription monitoring information, and
provisions addressing such other matters as the division may deem appropriate.

���� (6)�� The division shall
provide online access to prescription monitoring information to as many
registered dental assistants as are authorized by a licensed dentist to access
that information and for whom the licensed dentist is responsible for the use
or misuse of that information.� The director shall establish, by regulation,
the terms and conditions under which a licensed dentist may delegate that
authorization, including procedures for authorization and termination of
authorization, provisions for maintaining confidentiality, provisions regarding
the duration of a registered dental assistant's authorization to access
prescription monitoring information, and such other matters as the division may
deem appropriate.

���� (7)�� A person listed in this
subsection, as a condition of accessing prescription monitoring information
pursuant thereto, shall certify that the request is for the purpose of
providing health care to a current patient or verifying information with
respect to a patient or practitioner.� Such certification shall be furnished
through means of an online statement or alternate means authorized by the
director, in a form and manner prescribed by rule or regulation adopted by the
director.� If the information is being accessed by an authorized person using
an electronic system authorized pursuant to subsection q. of this section, the
certification may be furnished through the electronic system.

���� i.���� The division may
provide online access to prescription monitoring information, or may provide
access to prescription monitoring information through any other means deemed
appropriate by the director, to the following persons:

���� (1)�� authorized personnel of
the division or a vendor or contractor responsible for maintaining the
Prescription Monitoring Program;

���� (2)�� authorized personnel of
the division responsible for administration of the provisions of P.L.1970,
c.226 (C.24:21-1 et seq.);

���� (3)�� the State Medical
Examiner, a county medical examiner, a deputy or assistant county medical
examiner, or a qualified designated assistant thereof, who certifies that the
request is for the purpose of investigating a death pursuant to P.L.1967, c.234
(C.52:17B-78 et seq.);

���� (4)�� a controlled dangerous
substance monitoring program in another state with which the division has
established an interoperability agreement, or which participates with the
division in a system that facilitates the secure sharing of information between
states;

���� (5)�� a designated
representative of the State Board of Medical Examiners, New Jersey State Board
of Dentistry, State Board of Nursing, New Jersey State Board of Optometrists,
State Board of Pharmacy, State Board of Veterinary Medical Examiners, or any
other board in this State or another state that regulates the practice of
persons who are authorized to prescribe or dispense controlled dangerous
substances, as applicable, who certifies that the representative is engaged in
a bona fide specific investigation of a designated practitioner or pharmacist
whose professional practice was or is regulated by that board;

���� (6)�� a State, federal, or
municipal law enforcement officer who is acting pursuant to a court order and
certifies that the officer is engaged in a bona fide specific investigation of
a designated practitioner, pharmacist, or patient.� A law enforcement agency
that obtains prescription monitoring information shall comply with security
protocols established by the director by regulation;

���� (7)�� a designated
representative of a state Medicaid or other program who certifies that the
representative is engaged in a bona fide investigation of a designated
practitioner, pharmacist, or patient;

���� (8)�� a properly convened
grand jury pursuant to a subpoena properly issued for the records; and

���� (9)�� a licensed mental health
practitioner providing treatment for substance abuse to patients at a
residential or outpatient substance abuse treatment center licensed by the
Division of Mental Health and Addiction Services in the Department of Human
Services, who certifies that the request is for the purpose of providing health
care to a current patient or verifying information with respect to a patient or
practitioner, and who furnishes the division with the written consent of the
patient for the mental health practitioner to obtain prescription monitoring
information about the patient.� The director shall establish, by regulation,
the terms and conditions under which a mental health practitioner may request
and receive prescription monitoring information.� Nothing in sections 25
through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) shall be construed
to require or obligate a mental health practitioner to access or check the
prescription monitoring information in the course of treatment beyond that which
may be required as part of the mental health practitioner's professional
practice.

���� j.���� A person listed in
subsection i. of this section, as a condition of obtaining prescription
monitoring information pursuant thereto, shall certify the reasons for seeking
to obtain that information.� Such certification shall be furnished through
means of an online statement or alternate means authorized by the director, in
a form and manner prescribed by rule or regulation adopted by the director.�

���� k.��� The division shall offer
an online tutorial for those persons listed in subsections h. and i. of this
section, which shall, at a minimum, include:� how to access prescription
monitoring information; the rights of persons who are the subject of this information;
the responsibilities of persons who access this information; a summary of the
other provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45
through C.45:1-50) and the regulations adopted pursuant thereto, regarding the
permitted uses of that information and penalties for violations thereof; and a
summary of the requirements of the federal health privacy rule set forth at 45
CFR Parts 160 and 164 and a hypertext link to the federal Department of Health
and Human Services website for further information about the specific
provisions of the privacy rule.

���� l.���� The division may
request and receive prescription monitoring information from prescription
monitoring programs in other states and may use that information for the
purposes of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through
C.45:1-50).� When sharing data with programs in another state, the division
shall not be required to obtain a memorandum of understanding unless required
by the other state.

���� m.�� The director may provide
nonidentifying prescription drug monitoring information to public or private
entities for statistical, research, or educational purposes, in accordance with
the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through
C.45:1-50).

The director shall, upon
request, provide nonidentifying prescription drug monitoring information to the
Office of Alcohol and Drug Use Disorders Policy for the purposes of
establishing, maintaining, implementing, and maximizing the utilization and
functionality of the centralized Alcohol and Drug Use Disorders Treatment
Database pursuant to section 3 of P.L.��� , c.��� (C.����� ) (pending before
the Legislature as this bill).

���� n.��� Nothing shall be
construed to prohibit the division from obtaining unsolicited automated reports
from the program or disseminating such reports to pharmacists, practitioners,
mental health care practitioners, and other licensed health care professionals.

���� o.��� (1)� A current patient
of a practitioner may request from that practitioner that patient's own
prescription monitoring information that has been submitted to the division
pursuant to sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through
C.45:1-50).

A parent or legal guardian of a
child who is a current patient of a practitioner may request from that
practitioner the child's prescription monitoring information that has been
submitted to the division pursuant to sections 25 through 30 of P.L.2007, c.244 (C.45:1-45
through C.45:1-50).

���� (2)�� Upon receipt of a
request pursuant to paragraph (1) of this subsection, a practitioner or health
care professional authorized by that practitioner may provide the current
patient or parent or legal guardian, as the case may be, with access to or a
copy of the prescription monitoring information pertaining to that patient or
child.

���� (3)�� The division shall
establish a process by which a patient, or the parent or legal guardian of a
child who is a patient, may request a pharmacy permit holder that submitted
prescription monitoring information concerning a prescription for controlled
dangerous substances for that patient or child to the division pursuant to
sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) to
correct information that the person believes to have been inaccurately entered
into that patient's or child's prescription profile.� Upon confirmation of the
inaccuracy of any such entry into a patient's or child's prescription profile,
the pharmacy permit holder shall be authorized to correct any such inaccuracies
by submitting corrected information to the division pursuant to sections 25
through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50).� The process shall
provide for review by the Board of Pharmacy of any disputed request for
correction, which determination shall be appealable to the director.

���� p.��� The division shall take
steps to ensure that appropriate channels of communication exist to enable any
licensed health care professional, licensed pharmacist, mental health
practitioner, pharmacy permit holder, or other practitioner who has online
access to the Prescription Monitoring Program pursuant to this section to seek
or provide information to the division related to the provisions of this
section.

���� q. (1) The division may make
prescription monitoring information available on electronic systems that
collect and display health information, such as an electronic system that
connects hospital emergency departments for the purpose of transmitting and obtaining
patient health data from multiple sources, or an electronic system that
notifies practitioners of information pertaining to the treatment of overdoses;
provided that the division determines that any such electronic system has
appropriate security protections in place.�

���� (2)�� Practitioners who are
required to access prescription monitoring information pursuant to section 8 of
P.L.2015, c.74 (C.45:1-46.1) may discharge that responsibility by accessing one
or more authorized electronic systems into which the prescription monitoring
information maintained by the division has been integrated.

(cf: P.L.2023, c.177, s.129)

���� 15.� Section 5 of P.L.1993,
c.216 (C.54:43-1.3) is amended to read as follows:

���� 5.��� Any amounts collected
pursuant to the "Alcoholic Beverage Tax Law," R.S.54:41-1 et seq.,
from a restricted brewery license issued pursuant to subsection 1c. of
R.S.33:1-10 shall be credited to the
[
Governor's
Council on Alcoholism and Drug Abuse
]

Office of Alcohol and Drug Use Disorders Policy
to be allocated
exclusively to the Alliance to Prevent
[
Alcoholism
and Drug Abuse
]

Alcohol and Drug Use Disorders
for the purpose of awarding grants to
municipalities and counties as provided in subsection b. of section 7 of
P.L.1989, c.51 (C.26:2BB-7).�

(cf: P.L.2023, c.177, s.151)�

���� 16.� This act shall take
effect 120 days after the date of enactment, but the Commissioner of Health,
the Commissioner of Human Services, the Attorney General, the Assistant
Commissioner for the Division of Mental Health and Addiction Services in the
Department of Human Services, and the Assistant Commissioner for the Children�s
System of Care in the Department of Children and Families may take any
anticipatory administrative action in advance as shall be necessary to
implement the provisions of this act.

STATEMENT

���� This bill establishes the Office
of Alcohol and Drug Use Disorders Policy (Office). �The Office will be
responsible for reviewing and coordinating all State departments' efforts with

regard to the planning and
provision of treatment, prevention, research, evaluation, and education
services for, and public awareness of, alcohol use disorders and drug use
disorders. �The Office will serve strategic planning, advisory, coordination,
communication, and development functions in order to coordinate Statewide
efforts and drive improvements in the prevention of, and provision of treatment
for, alcohol use disorders and drug use disorders.� The Office will be allocated
within the Department of the Treasury but will be independent of the department
and will report directly to the Governor.�

���� The duties of the Office will
include developing a Comprehensive Statewide Alcohol Use Disorders and Drug Use
Disorders Master Plan, to be submitted to the Governor and the Legislature by
July 1 of each year, for the treatment, prevention, research, evaluation,
education, and public awareness of alcohol use disorders and drug use
disorders.� The plan is to:� incorporate and unify all State, county, local,
and private alcohol use disorders and drug use disorders initiatives; include
an emphasis on prevention, community awareness, and family and youth services;
and include recommendations for funding allocations.

���� The Office will be required to
review County Annual Alliance Plans and propose recommendations for awarding Alliance
grants, and will additionally be responsible for distributing certain grants to
counties and municipalities for alcohol use disorders and drug use disorders programs
and evaluating the existing funding mechanisms for treatment services for
alcohol use disorders and drug use disorders.

���� The Office will be required to
encourage the development or expansion of employee assistance programs for both
government and private sector employees.�

���� The Office will be authorized
to call upon any department, office, division, agency, or independent authority
of State government to provide such information, resources, or other assistance
as may be necessary to discharge the duties and functions of the Office and
fulfill its responsibilities.� The Office may collect from any State, county,
local governmental entity, or any other appropriate source data, reports,
statistics, or other materials which are necessary to carry out the functions
of the Office.

���� The executive director of the
Office will be required to convene a meeting, on at least an annual basis and
at such additional intervals as the executive director of the office deems
necessary, to be attended by the Attorney General, the Commissioner of Health,
the Commissioner of Human Services, the Commissioner of Education, the
Commissioner of Corrections, the Commissioner of Children and Families, the
Commissioner of Community Affairs, the Commissioner of Banking and Insurance,
the Assistant Commissioner for the Division of Mental Health and Addiction
Services, the Assistant Commissioner for the Division of Medical

Assistance and Health Services, the
Assistant Commissioner for the Children�s System of Care, and other appropriate
agencies, officers, and entities, in order to plan, develop, and coordinate
State and local efforts to improve the prevention of, and the provision of
treatment for, alcohol and drug use disorders.

���� The Office will be
administered by an executive director, who will be appointed by the Governor
with the advice and consent of the Senate.� The executive director is to be a
person qualified by education, training, and experience to perform the duties
of the office.� The executive director will serve at the pleasure of the
Governor during the Governor's term of office and until the appointment and
qualification of the executive director's successor.� The executive director
will have the power to employ staff within the limits of funds appropriated or
made available for that purpose, and will have broad authority to coordinate
communication between, and request and receive information from, any
department, division, or agency of the State.� The executive director will be
required to devote full time to the duties and responsibilities of the office,
and will receive a salary as provided by law.

���� The Office will be required to
develop and maintain a centralized Alcohol and Drug Use Disorders Treatment
Resource Database that can be used to track Statewide treatment data, direct
resources, develop recommendations regarding the allocation of funding and
resources, facilitate referrals to available treatment resources, and evaluate
provider performance.� Specifically, treatment providers will be required to
report certain data concerning patient wait times, the levels and duration of
treatment provided to patients, the number of patients referred to other
treatment providers and the reasons for those referrals, treatment completion
rates, relapse and long-term recovery rates, and any other data or metrics the
Office deems necessary and appropriate.� The Office will use this data to
evaluate provider performance as well as to develop best practices guidelines
and performance benchmarks.

���� Additionally, treatment
providers will be required update the database to indicate the availability of
treatment spots at the provider, including the level of treatment available in
each spot, the number of patients awaiting treatment, and the provider�s
anticipated treatment availability in the next 24 hours.� Providers will be
required to update this information at least once every 12 hours, and at more
frequent intervals if the Office determines that more frequent or real-time
reporting is feasible and appropriate.� Treatment providers and agencies,
offices, and other entities that serve as a contact point for patients seeking
treatment will have access to the treatment availability information in the
database for the purpose of referring patients to treatment.

���� The Office will be required to
collaborate with the Office of the Attorney General and the Department of
Health to include in the centralized database data concerning the number,
location, and

types of interventions performed
throughout the State to treat drug overdoses, and in particular overdoses
involving opioid drugs, in order to identify patterns in overdose incidents,
coordinate outreach efforts in the affected communities, and determine and
direct the Statewide allocation of funding and resources for the treatment of
drug use disorders.

���� The Office will be authorized
to establish programs providing financial and other incentives to treatment
providers who achieve certain performance benchmarks established by the Office
to drive improvements in the treatment of alcohol and drug use disorders.�
Benchmark goals may address patient wait times, patient retention, patient
progression through a course of treatment, and the number and rate of patients
who complete treatment.� The Office will be required to periodically review and
revise any incentive programs it establishes in order to maintain the integrity
of the program, ensure the program is realizing improvements in patient care,
modify benchmarks as needed, and revise or eliminate any aspects of a program
that may result in adverse unintended consequences.

���� The Office is to utilize the
database and consult with treatment providers and appropriate State, county,
and local agencies to identify barriers that reduce the ability of patients to
access appropriate treatment services.� The Office is to develop appropriate
responses to address or remove barriers to access, which may include:�
developing programs to provide transportation assistance, child care
assistance, or home visits; working with health benefits carriers to secure
coverage for all appropriate treatment modalities and services related to
treatment; and working with treatment providers to promote flexible scheduling
and expanded hours, and encourage and support providers to become authorized to
prescribe and administer medication-assisted treatment.

���� For the purposes of
establishing and maintaining a centralized database, the Office will be
permitted to utilize, modify, or adapt any existing systems that provide
functions related to, or that would supplement, the functions and purpose of
the centralized database.� The Office will also be authorized to contract with
an independent third party to establish and maintain the database.

���� The bill provides that, to the
extent that the centralized database includes any personal identifying
information or any confidential health information concerning any patient, such
information may not be disclosed to any entity except as may be required
pursuant to State or federal law.� The Office is to seek to avoid requiring any
personal identifying information or confidential health information to be
reported to, or included in, the database.

���� The Office will be required to
make available to the public, through its Internet website, certain data
concerning the provision of treatment for alcohol and drug use disorders,
including:� patient wait times; treatment program completion rates; reasons for
non-completion of treatment; the level and nature of treatment

modalities provided and the average
duration of each phase of treatment; long-term recovery rates; remission and
overdose rates; patient referrals made by treatment providers to other
providers; and any other information the office deems appropriate.

���� The Office will be required to
develop standards, policies, and procedures to support the various departments,
divisions, agencies, offices, and other entities that enter into contracts with
treatment providers to ensure compliance with the terms of the contract and any
applicable State or federal laws, regulations, and requirements, including:�
ensuring that any requirements for payment under the contract are met; ensuring
providers are complying with all applicable criminal history record background
check and drug testing requirements for provider staff; and ensuring prompt
reconciliation of any claims for payment, including promptly closing out
contracts, processing claims, and collecting receivables and other amounts
owed.� For this purpose, the Office will be authorized to designate a
compliance officer, who may retain appropriate staff to provide support
services to the various departments, divisions, agencies, offices, and other
entities.

���� The bill revises various
provisions of the current statutory law to update references to include the
Office and to transfer certain functions of the Governor�s Council on
Alcoholism and Drug Abuse to the Office.