 |
 |
| Title 01 Acts, Laws And Statutes | | Title 02a Administration Of Civil And Criminal Justice | | Title 03a Administration Of Estates--decedents And Others | | Title 04 Agriculture And Domestic Animals | | Title 05 Amusements, Public Exhibitions And Meetings | | Title 06 Aviation | | Title 07 Bills, Notes And Checks | | Title 09 Children--juvenile And Domestic Relations Courts | | Title 10 Civil Rights | | Title 11a Civil Service | | Title 12 Commerce And Navigation | | Title 12a Commercial Transactions | | Title 13 Conservation And Development--parks And Reservations | | Title 14 Acts Saved From Repeal | | Title 14a Corporations, General | | Title 15 Corporations And Associations Not For Profit | | Title 15a Corporations, Nonprofit | | Title 16 Corporations And Associations, Religious | | Title 17 Corporations And Institutions For Finance And Insurance | | Title 17b Insurance | | Title 18a Education | | Title 19 Elections | | Title 20 Eminent Domain | | Title 21 Explosives And Fireworks | | Title 22a Fees And Costs | | Title 23 Fish And Game, Wild Birds And Animals | | Title 24 Food And Drugs | | Title 25 Frauds And Fraudulent Conveyances | | Title 26 Health And Vital Statistics | | Title 27 Highways | | Title 28 Historic Memorials, Monuments And Sites | | Title 29 Hotels | | Title 2b Court Organization And Civil Code | | Title 2c The New Jersey Code Of Criminal Justice | | Title 30 Institutions And Agencies | | Title 31 Interest And Usury | | Title 32 Interstate And Port Authorities And Commissions | | Title 33 Intoxicating Liquors | | Title 34 Labor And Workmens Compensation | | Title 35 Legal Advertisements | | Title 36 Legal Holidays | | Title 37 Marriages And Married Persons | | Title 38 Militia--soldiers, Sailors And Marines | | Title 38a Military And Veterans Law | | Title 39 Motor Vehicles And Traffic Regulation | | Title 3b Administration Of Estates--decedents And Others | | Title 40 Municipalities And Counties | | Title 40a Municipalities And Counties | | Title 41 Oaths And Affidavits | | Title 42 Partnerships And Partnership Associations | | Title 43 Pensions And Retirement And Unemployment Compensation | | Title 44 Poor | | Title 45 Professions And Occupations | | Title 46 Property | | Title 47 Public Records | | Title 48 Public Utilities | | Title 49 Sale Of Securities | | Title 50 Shellfish | | Title 51 Standards, Weights, Measures And Containers | | Title 52 State Government, Departments And Officers | | Title 53 State Police | | Title 54 Taxation | | Title 54a New Jersey Gross Income Tax Act | | Title 55 Tenement Houses And Public Housing | | Title 56 Trade Names, Trade-marks And Unfair Trade Practices | | Title 58 Waters And Water Supply | | Title 59 Claims Against Public Entities |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > USA New Jersey |
|
USA Statutes : new_jersey
Title : TITLE 30 INSTITUTIONS AND AGENCIES
Chapter : 30:11-1
|
|
|
30:11-1. Public policy; license required; application
It is declared to be the public policy of this State to provide for the development, establishment and enforcement of basic standards for the care and treatment of individuals in private mental hospitals, convalescent homes, private nursing homes and private hospitals as defined herein and for the construction, maintenance and operation of such institutions in such a manner as to insure safe and adequate treatment of all such individuals in said private mental hospitals, convalescent homes, private nursing homes and private hospitals. No private nursing home, private mental hospital, convalescent home or private hospital for the care, treatment, or nursing of persons mentally ill, mentally deficient or mentally retarded, acutely or chronically ill, or who are crippled, convalescent, infirm or in any way afflicted, and who are in need of medical and nursing care on a continuing basis shall operate within this State except upon license first had and obtained for that purpose from the department, upon application made therefor as hereinafter provided. No such license shall be granted by the department, unless the commissioner shall be satisfied that the institution, facility or establishment in question is adequately prepared to furnish the care and service to be provided by it. No license shall be granted to a hospital facility unless the commissioner is satisfied that it is adequately prepared to provide all services and care required by the residents of the community wherein it is located. Nothing herein contained shall be so construed as to interfere with the powers of the State Board of Medical Examiners to license medical practitioners in New Jersey.
Application for the license required by this chapter shall be made upon forms furnished by the department, shall set forth the location of the home or hospital, the person in charge thereof, and the facilities for caring for persons who may seek treatment therein. The applicant shall be required to furnish evidence of its ability to comply with minimum standards of medical and nursing care, financial ability to successfully operate the institution for which the license is sought, and of the good moral character of the person in charge thereof.
Amended by L.1947, c. 340, p. 1091, s. 1; L.1952, c. 211, p. 738, s. 2; L.1956, c. 161, p. 643, s. 1; L.1964, c. 148, s. 1.
30:11-1.1. Qualifications of applicant
Except as to persons presently licensed, no license shall be issued to a natural person unless he is a citizen of the United States and a resident of the State of New Jersey at the time of the submission of the application. No license shall be issued to any person under the age of 21 years; to any person who has been convicted of a crime involving moral turpitude; or to any person who has been twice found guilty of violating the provisions of this chapter by a court of competent jurisdiction or who has admitted such guilt.
L.1964, c. 148, s. 2.
30:11-1.2. Corporate applications
No license shall be issued to any corporation not presently licensed unless each legal or equitable owner of more than 10% of its stock qualifies in all respects as an individual applicant. In applications by corporations, the names and addresses of, and the amount of stock held by, all stockholders holding one or more percent of any of the stock thereof, and the names and addresses of all officers and of all members of the board of directors must be stated in the application. If one or more of such officers or members of the board of directors would fail to qualify as an individual applicant in all respects, no license shall be granted, until such persons so disqualified shall be qualified.
L.1964, c. 148, s. 3.
30:11-1.3. Partnership applications
In applications by partnerships, the applications shall contain the names and addresses of all of the partners. No license shall be issued unless all of the partners would qualify as individual applicants or until such disqualification is removed.
L.1964, c. 148, s. 4.
30:11-1.4. Investigation of applicant and facilities; issuance of license; transferability
Upon receipt of an application for license, the Department of Institutions and Agencies shall cause an investigation to be made of the applicant and the proposed facilities and shall issue a license if it is found that said applicant is of good moral character and facilities comply with the provisions of this chapter, the regulations of the department and the minimum standards established for the operation of a private mental hospital, convalescent home, private nursing home or private hospital. The department may in its discretion, for good cause, issue a temporary permit to operate or a provisional or probationary license for a stated period of time pending full compliance by the licensee with rules and regulations establishing minimum standards of operation. The license shall not be transferable or assignable except with the written approval of the department and shall be posted in a conspicuous place on the licensed premises as prescribed by the regulations of the department.
L.1964, c. 148, s. 5.
30:11-1.5. Notice of change in facts in application; questions to applicants; declarations; effect of fraud and misrepresentation
Whenever any change shall occur in the facts as set forth in any application for a license, the licensee shall file with the commissioner, a notice in writing of such change within 10 days after the occurrence thereof. No notice need be given by corporate licensees of changes in stock holdings therein unless and until the aggregate of such changes, if made before the time of said application, would have prevented the issuance of the license.
Applicants shall answer such questions as may be asked concerning their character, financial ability, residence, citizenship and ability to operate a nursing home or hospital and make such declarations as shall be required. All applicants may be duly sworn and all statements and applications shall be deemed material. Fraud, misrepresentation, false statements, misleading statements, evasions or suppression of material facts in the securing of a license are grounds for denial, suspension or revocation of the license.
L.1964, c. 148, s. 6.
30:11-1.6. Structural changes not required as condition to obtaining license or renewal
Nothing in this chapter shall be construed to require a licensee holding a license at the time this act is approved, as a condition precedent to obtaining a renewal of such license, to make structural changes, other than maintenance and repairs, to the licensed facility or to increase or decrease the bed capacity thereof; nor to require a purchaser of such nursing home licensed at the time this act shall be approved, as a condition precedent to obtaining a license, to make such structural changes, other than maintenance and repairs, to said licensed facility or to increase or decrease the bed capacity thereof.
L.1964, c. 148, s. 7.
30:11-1.7. Rules, regulations and standards
The State Board of Control of the Department of Institutions and Agencies, with the advice of the hospital licensing board, shall adopt, amend, promulgate and enforce such rules, regulations, and minimum standards of nursing and hospital care with respect to the different types of hospitals, convalescent homes and nursing homes to be licensed hereunder as may be reasonably necessary to accomplish the purposes of this chapter and to assure that patients resident in the institutions described herein shall receive medical and nursing care consistent with accepted practices and procedures for administering such medical and nursing care in physical surroundings and under circumstances conducive to the recovery and convalescence of all patients in such institutions. The State Board of Control of the Department of Institutions and Agencies with the advice of the hospital licensing board may assess penalties and collect the same within the limitations imposed by this chapter. Such rules, regulations and minimum standards may include, but shall not be limited to, the regulation of medical and nursing care, extent of furnishing same, sanitation, dietetics, except where the diet has been prescribed by a licensed physician, heat, light, air, fire prevention and control, space allocation for patient care, housing and recreation facilities and related matters dealing with patient care and comfort and when adopted shall be binding upon all licensees and applicants for license under this chapter.
L.1964, c. 148, s. 8. Amended by L.1968, c. 355, s. 1, eff. Nov. 26, 1968.
30:11-1.8. Mailing copies of proposed rules, regulations and standards; notice; hearing
Copies of proposed rules, regulations or minimum standards shall be mailed by certified mail to such persons who have filed with the department a written request for such proposed rules, regulations or minimum standards. Except in the case of an emergency, no rule, regulation or minimum standard shall be adopted until copies of said proposed rule, regulation or minimum standard shall be mailed to those persons who have requested them together with a notice of the time and place of a hearing to be had on such proposed rule, regulation or minimum standard.
No hearing so held shall be held earlier than 30 days after the mailing of such proposed rule, regulation or minimum standard and notice of hearing.
L.1964, c. 148, s. 9.
30:11-1.9. Existing hospitals or homes to be given reasonable time to comply with rules, regulations or standards
Any private hospital, convalescent home, private mental hospital, or private nursing home which is in operation at the time of promulgation of any applicable rules or regulations or minimum standards under this act shall be given a reasonable time, not to exceed 2 years from the date of such promulgation, within which to comply with such rules and regulations and minimum standards, or subsequent amendments or supplements thereto.
L.1964, c. 148, s. 10.
|
|
|
|
