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Terms Used In New Jersey Statutes 26:2B-8

  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
2. The following words as used in P.L.1975, c.305 (C. 26:2B-7 et seq.) shall, unless the context requires otherwise, have the following meanings:

“Administrator” means the person in charge of the operation of a facility, or his designee.

“Admitted” means accepted for treatment at a facility.

“Assistant commissioner” means the Assistant Commissioner of the Division of Mental Health and Addiction Services in the Department of Human Services.

“Authorized persons” means persons who serve as volunteer first aid or ambulance squad members, para-professional medical personnel, and rehabilitated persons with alcohol use disorder.

“Commissioner” means the Commissioner of Human Services.

“Department” means the Department of Human Services.

“Division” means the Division of Mental Health and Addiction Services in the Department of Human Services.

“Facility” means any public, private place, or portion thereof providing services especially designed for the treatment of intoxicated persons or persons with alcohol use disorder; including, but not limited to intoxication treatment centers, inpatient treatment facilities, outpatient facilities, and residential aftercare facilities.

“Incapacitated” means the condition of a person who is: a. as a result of the use of alcohol, unconscious or has judgment so impaired that the person is incapable of realizing and making a rational decision with respect to the person’s need for treatment, b. in need of substantial medical attention, or c. likely to suffer substantial physical harm.

“Independent physician” means a physician other than one holding an office or appointment in any department, board or agency of the State or in any public facility.

“Intoxicated person” means a person whose mental or physical functioning is substantially impaired as a result of the use of alcoholic beverages.

“Patient” means any person admitted to a facility.

“Person with alcohol use disorder” means any person who chronically, habitually, or periodically consumes alcoholic beverages to the extent that: a. such use substantially injures the person’s health or substantially interferes with the person’s social or economic functioning in the community on a continuing basis, or b. the person has lost the power of self-control with respect to the use of such beverages.

“Private facility” means a facility other than one operated by the federal government, the State of New Jersey, or any political subdivision thereof.

“Public facility” means a facility operated by the State of New Jersey or any political subdivision thereof.

“Treatment” means services and programs for the care or rehabilitation of intoxicated persons and persons with alcohol use disorder, including, but not limited to, medical, psychiatric, psychological, vocational, educational, recreational, and social services and programs.

L.1975, c.305, s.2; amended 2017, c.131, s.70; 2023, c.177, s.58.