SENATE, No. 1133

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JANUARY 25, 2018

 


 

Sponsored by:

Senator  ANTHONY R. BUCCO

District 25 (Morris and Somerset)

 

 

 

 

SYNOPSIS

     Requires narcotic and drug abuse treatment centers to offer Hepatitis C testing to clients.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning testing for Hepatitis C by narcotic and drug abuse treatment centers and amending P.L.1970, c.334.

 

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

 

     1.    Section 5 of P.L.1970, c.334 (C.26:2G-25) is amended to read as follows:

     5.    a. The commissioner shall adopt, amend, promulgate, and enforce such rules, regulations, and minimum standards for the treatment of patients of narcotic and substance use disorder treatment centers as may be reasonably necessary to accomplish the purposes of P.L.1970, c.334 (C.26:2G-21 et seq.).  Such narcotic and substance use disorder treatment centers may be classified into two or more classes with appropriate rules, regulations, and minimum standards for each such class.

     b.    The rules and regulations adopted pursuant to this section shall, at a minimum, require a transitional sober living home, halfway house, or other residential aftercare facility to provide notice to a patient's spouse, parent, legal guardian, designated next of kin, or other designated emergency contact, whenever the patient voluntarily withdraws, or is involuntarily evicted from, such facility, provided that:  (1) such notice is provided in a manner that is consistent with federal requirements under 42 CFR Part 2 and federal HIPAA requirements under 45 CFR Parts 160 and 164; and (2) the patient, if an adult, has not withheld consent for such notice or expressly requested that notification not be given.  If a patient who is not incapacitated withholds consent for such notice, or expressly requests that notification not be given, the department shall require the patient's wishes to be respected unless the patient is a minor child or adolescent, in which case, the department shall require the minor's parent, legal guardian, designated next of kin, or other designated emergency contact to be notified, provided that such notification is not inconsistent with, and would not violate, federal requirements under 42 CFR Part 2 and federal HIPAA requirements under 45 CFR Parts 160 and 164.

     c.     In addition to any other rules and regulations promulgated pursuant to this section, the commissioner shall require that a narcotic and drug abuse treatment center offer each client entering the program Hepatitis C pre-test counseling and, subject to the client’s consent, Hepatitis C testing, unless medically contraindicated.

(cf: P.L.2017, c.131, s.91)

     2.    The Commissioner of Health shall, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt any rules or regulations necessary to effectuate the purposes of this act.

 

     3.    This act shall take effect on the first day of the seventh month next following the date of enactment, but the Commissioner of Health may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

 

 

STATEMENT

 

     This bill would require that narcotic and drug abuse treatment centers offer clients Hepatitis C pre-test counseling and Hepatitis C testing.

     Current regulations codified at N.J.A.C.10:161A-9.1 require that residential substance use disorders treatment facilities provide Hepatitis C testing as medically indicated.  Similar regulations applicable to outpatient substance use disorder treatment facilities, codified at N.J.A.C.10:161B-9.1 and N.J.A.C.10:161B-11.6, encourage facilities to offer Hepatitis C testing or make appropriate referrals, but do not specifically require that testing be offered.