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Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Friday, February 17, 2017

NJAC 10:162-5.2. Application for affiliation

NJAC 10:162-5.2.  Application for affiliation


   (a) An applicant for affiliation may contact the Intoxicated Driving Program, PO Box 365, Trenton, NJ 08625-9365, (609) 588-3547, which shall provide the applicant with a list of the IDRCs. The applicant shall make request for affiliation to the IDRC. Upon receipt of a request for affiliation from an applicant, an IDRC shall provide the applicant with a standard affiliation agreement as specified in  N.J.A.C. 10:162-5.1, which shall serve as the application form. The IDRC shall include as part of the application a current statement of IDRC needs regarding client volume, modalities of service, geographic requirements, cultural needs of the population served, and client accessibility. A copy of this statement shall be filed with the IDP and kept current by the IDRC.
   (b) It shall be the responsibility of the IDRC Director initially to evaluate each application for affiliation or renewal of affiliation of each applicant after a site visit or providers meeting for compliance with (c) and (d)1 and 2 below.
   (c) Every treatment program and individual provider shall conform to N.J.S.A. 39:4-50 et seq., 45:2D-1 et seq., 26:2H-1 et seq. and 40A:9-22.1 et seq., N.J.A.C. 10:162, as appropriate, and shall submit the following information to the IDP and to the IDRC:
   1. A statement that the program or provider conforms to and will abide by N.J.S.A. 39:4-50 et seq., 45:2D-1 et seq., 26:2H-1 et seq. and 40A:9-22.1 et seq., N.J.A.C. 10:162, as amended and supplemented and any rules adopted pursuant thereto;
   2. Copies of valid State licenses or certifications, as applicable, required by N.J.S.A. 26:2H-1 et seq. or 45:2D-1 et seq.;
   3. A fee schedule, including any sliding fee schedule, and whether fees can be paid by health insurance;
   4. The address, telephone number, hours of operation and contact person for each office location;
   5. A written description of treatment philosophy, program requirements, and treatment curriculum;
   6. A list of proposed IDRC-affiliated program staff and their resumes; and
   7. Proof of commercial liability insurance, and individual or agency professional liability insurance as appropriate.
   (d) The Intoxicated Driver Resource Center shall attach a statement to the agreement signed by the Center Director certifying that:
   1. The facility (outpatient facilities only) is accessible to its clients, in that it is convenient to public transportation or reachable by motor vehicle within 30 minutes of normal drive time; and
   2. The facility is suitable as a place of treatment in that it is licensed by the Department of Human Services to provide alcohol and drug treatment services if a residential facility, or that it is physically inspected by the Intoxicated Driver Resource Center and approved by the Division of Addiction Services as meeting rules adopted pursuant to N.J.S.A. 26:2H-1 et seq. if an outpatient agency or provider.
   (e) The Chief of the IDP, after receipt and review of a signed affiliation or renewal of affiliation agreement, using the criteria found at  N.J.A.C. 10:162-5.3 and 5.6 as applicable, shall indicate approval by signing the agreement. Copies of the agreement shall be distributed to all parties to it.