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Drug and Alcohol Free Workplace Policy

~ PRINTABLE VERSION ~

I.    PURPOSE
Felician University is committed to protecting the safety, health and well-being of all individuals in our workplace.  Our residential community encompasses a significant number of individuals under the age of 21; therefore we have an even stronger commitment to ensuring a community free of illegal drugs and alcohol. Employees who use illegal drugs or abuse alcohol tend to be less productive, less stable and prone to greater absenteeism.  In addition, they may pose health and safety risks to themselves, their co-workers and others.  We have established a drug-free workplace program that balances our respect for individuals with the need to maintain a drug and alcohol free environment.

II.    SCOPE
This policy applies to all University employees (as defined below) during all working hours and when conducting business or representing Felician University both on and off campus.

III.    POLICY
It is the policy of Felician University to maintain, to the extent possible, a secure work environment that is free from the effects of employees under the influence of illegal drugs, misuse of prescribed medications, or abuse of alcoholic beverages.  The illegal manufacture, possession, distribution, purchase, sale, or misuse of prescription medications and controlled substances or the unauthorized use of alcohol on University premises or while on University business is strictly prohibited.  Reporting to work under the influence of alcohol, illegal drugs or misuse of prescribed medications is also prohibited.

The use of alcoholic beverages is regulated primarily by the State of New Jersey.  The possession and use of any of the regulated beverages by employees must be in compliance with state law and Felician University policy.  Alcoholic beverages may only be consumed by non-students over the age of 21 on campus, and only in areas designated for officially sanctioned or authorized campus events, such as alumni reunion events. Requests for authorization of such events must be obtained in advance.  Employees are expected to comply with state law regarding the possession and consumption of alcoholic beverages, and to exercise good judgment when using alcoholic beverages.

Prescription and over-the-counter drugs are not prohibited when taken in standard dosage and/or according to a physician's prescription.  The illegal or unauthorized use of prescription drugs is prohibited. It is a violation of our drug-free workplace policy to intentionally misuse and/or abuse prescription medications.

Felician University fully subscribes to the provision of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989.  In compliance with these Acts, University employees are hereby notified of the serious dangers associated with drug use in the workplace.

A primary goal of our drug-free workplace program is to encourage employees to voluntarily seek help with alcohol and/or drug problems.  If, however, an individual violates the policy, he or she will be subject to disciplinary action up to and including termination of employment.  As a condition of continued employment, an individual may be required to participate in a drug abuse or rehabilitation program.  An employee required to enter such a program who fails to successfully complete it and/or repeatedly violates the policy may be terminated from employment.  Nothing in this policy prohibits the employee from being disciplined or discharged for other violations and/or performance problems.

IV.    DEFINITIONS
Controlled Substance:  Controlled substances are listed in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and are further defined in regulation 21 CFR 1308.11-1308.15.

Conviction:  A finding of guilt (including a plea of nolo contendere, that is, no contest) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug and alcohol statutes.

University Employee:  For the purpose of this policy, any employee who performs services for Felician University, whether on a full-time, part-time, or volunteer basis.  This also includes, but is not limited to, work-study employees, regular student workers, interns, practicum students and contractors.

V.    PROCEDURES

  1. Offers of employment to new employees will be contingent upon their signing a copy of this policy certifying that they agree to abide by the terms of this Drug and Alcohol-Free Workplace Policy.  The signed certification letter must be returned to the Office of Human Resources within 2 weeks of receipt and will be retained in the employee’s personnel file.  Students should refer to the online Felician University Student Handbook for information on the application of this policy.  The Student Handbook may be found on the Felician University website
  2. Every employee will be notified of this policy annually.
  3. Any employee or work-study student convicted of violating a criminal drug statute must notify the Felician University Office of Human Resources or the Vice President of Student Affairs within five (5) calendar days of the conviction.  Failure to do so may result in termination of employment.  
  4. Within thirty (30) days of receiving notice of the conviction, the Office of Human Resources or the appropriate campus administrator may impose sanctions or remedial measures on the employee or student worker.  Following a violation of the Drug-Free Workplace Policy, an employee may be offered an opportunity to participate in a rehabilitation program.  In such cases, the employee will be required to sign and abide by the terms set forth in a Return to Work Agreement as a condition of continued employment.
  5. Violations of local ordinances or of state or federal laws regarding controlled and/or dangerous substances, including alcohol, by members of the University community may result in disciplinary actions regardless of where such violations occur.
  6. Employees who have self-disclosed a problem with alcohol or other drugs will be encouraged to utilize the services of qualified professionals in the community to assess the seriousness of suspected drug or alcohol problems and identify appropriate sources of help.  A current list of qualified community professionals is provided by the Counseling Center and is available through the Office of Human Resources.
  7. An employee who suspects that another employee may be impaired and not able to properly perform his/her job responsibilities is encouraged to notify a supervisor or the Office of Human Resources immediately.  The signs that may indicate substance abuse include, but are not limited to:  behavioral changes, absenteeism/lateness or impaired job performance.  More specific behaviors which may indicate a lack of fitness for duty include lethargy, slurred or incoherent speech, or speech which differs from the employee’s usual pattern, unusual odor on breath and/or frequent accidents.
  8. All information received by Felician University through the Drug-Free Workplace Program is confidential communication.  Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies.
  9. Managers/supervisors should not automatically assume that certain behaviors are the result of drugs or alcohol abuse, but should immediately report unusual behavior or circumstances to the Office of Human Resources.
  10. Managers/supervisors are responsible for administering this policy according to the regulations and procedures identified.  They are also responsible for reinforcing an employee’s understanding of the fitness for duty requirement and for administering this policy in a fair, uniform and consistent manner.

VI.    COMMUNICATION, EDUCATION AND TRAINING
Felician University recognizes drug and alcohol abuse as a potential health, safety and security problem.  Communicating our Drug-Free Workplace Policy to both supervisors and employees is critical to our success; therefore, to ensure that all employees are cognizant of their respective roles in supporting our Drug-Free Workplace Program:

  • All employees will receive an electronic copy of the Drug-Free Workplace Policy annually, on or before October 1st.
  • The policy will be reviewed in orientation sessions with new employees.
  • The policy will be reviewed at safety meetings.
  • Posters will be displayed prominently, and brochures available at both campus locations.
  • A program for drug and alcohol education which includes awareness, training, communication and available assistance will be offered periodically by the Office of Human Resources through the Felician University Counseling Center.  
  • A training program designed to assist supervisors in recognizing and managing employees with alcohol and other drug problems will be offered periodically by the Office of Human Resources in coordination with the Felician University Counseling Center.  

In accordance with our Felician Franciscan values, it is the responsibility of Felician University to provide a safe and productive work environment for staff, faculty and students; therefore consistent compliance with the Drug-Free Workplace Policy is required by all.  Failure to comply with this policy not only diminishes the mission and values we promote, but may also result in suspension of federal grant funding and exclusion from future funding for Felician University.

VII.    HEALTH  RISKS ASSOCIATED WITH THE  USE OF ILLICIT DRUGS AND ALCOHOL
These brief summaries are an overview of the major health risks associated with the use of illicit drugs and alcohol.  Abuse of alcohol and other drugs can lead to chemical dependency, increased tolerance, deterioration of relationships with family, friends and co-workers, and can be harmful during pregnancy.

ALCOHOL
  • Alcohol is a depressant that decreases the responses of the central nervous system;
  • Excessive drinking can cause liver damage and psychotic behavior;
  • As little as two beers or drinks can impair coordination and thinking;
  • Alcohol continues to be the most frequently abused substance among young adults;
  • Risk of injury or death as a result of accident or violence;
  • Impaired vision and motor coordination;
  • Long-term use can result in permanent damage to the brain, elevated blood pressure and heart rate, risk of stroke, heart failure, increased risk of mouth and throat cancer, impaired judgement and verbal ability, and inability to concentrate.

Alcohol is an especially dangerous drug for pregnant women.  Drinking during pregnancy raises the risk of low-birth weight babies and intrauterine growth retardation, increasing the danger of infection, feeding difficulties, and long-term developmental problems.

MARIJUANA
Also known as: Pot, Grass, Joints, Roaches, Reefer, Weed, Mary Jane

  • Marijuana may cause impaired short-term memory, a shortened attention span and delayed reflexes;
  • During pregnancy, marijuana may cause birth defects;
  • Marijuana may cause increased heart rate and pulse, breathing problems, relaxed inhibitions, and disoriented behavior;
  • Increased risk of mouth, throat and lung cancer;
  • Long-term use has been linked to increased anxiety, panic attacks, paranoia, and hallucinations;
  • Contains THC (delta-9-tetrahydrocannabinol), the main active ingredient in marijuana, as well as 400 other chemicals;
  • THC content of marijuana has been increasing since the 1970’s.

COCAINE
Also known as: Coke, Dust, Snow, Flake, Blow, Girl

  • Cocaine has a high risk of addition and dependence;
  • Cocaine may cause severe “mood swings”, as well as irritability, paranoia, anxiety, depression, delusions, and psychosis;
  • Cocaine increases blood pressure and heart rate, and can lead to respiratory failure, lung disorders, irregular heartbeat, heart attack, and strokes;
  • Fetal cocaine effects include premature separation of the placenta, spontaneous abortion, premature labor, low birth rate, greater chance of visual impairment, mental retardation, and developmental problems;
  • For intravenous (IV) cocaine users, there is increased risk of hepatitis, HIV infection, and endocarditis.

CRACK COCAINE
Also known as: Freebase rocks, Rock

  • Crack is almost instantly addictive, and one use could cause fatal heart attack;
  • Repeated use may cause insomnia, hallucinations, seizures, paranoia, and psychosis;
  • There are more hospitalizations per year resulting from crack and cocaine use than any other illicit substance.
BARBITURATES
  • Barbiturates are central nervous system depressants;
  • Use may cause poor muscle control, slurred speech, appear drowsy or drunk, confusion, irritability, inattentive or slowed reactions, staggering gait, and altered perceptions;
  • Doses taken in combination with other central nervous system depressants (e.g., alcohol) cause respiratory depression, coma and sometimes death.
METHAMPHETAMINE
Also known as: Meth, Crystal, Crank, Ice
  • Methamphetamine Crack is extremely addictive even after only one use;
  • Can cause convulsions, heart irregularities, high blood pressure, depression, restlessness, tremors, severe fatigue;
  • Prolonged use can lead to skin ulcerations and infection, paranoia, irritability, anxiety, blood vessel constriction, heart attack, and stroke;
  • Use while pregnant can cause premature labor, detachment of the placenta, low birth weight, and possible neurological damage;
  • Intravenous (IV) users are at high risk of AIDS/HIV, hepatitis, infections and sores at the injection site, and infection of the heart lining and valves (endocarditis).
HALLUCINOGENS
Types Include:  PCP, LSD, Mescaline, Peyote, Psilocybin
  • One use of LSD or PCP can cause multiple and dramatic behavioral changes;
  • Hallucinogens can result in increased body temperature and blood pressure, sleeplessness, appetite loss, and tremors;
  • Prolonged use has been shown to cause anxiety, depression, panic attacks, paranoia, and psychotic behavior;
  • Large doses of hallucinogens may cause convulsions, ruptured blood vessels in the brain and irreversible brain damage;
  • Many hallucinogens cause unpleasant and potentially dangerous “flashbacks” long after the drug was used.
MDMA (3-4-Methylenedioxymethanphetamine)
Also known as: Ecstasy, E, X, XTC, Molly (in powder form)
  • Synthetic chemical drug with effects similar to those of amphetamines and hallucinogens;
  • Short-term effects include psychological difficulties including confusion, depression, sleep problems, severe anxiety, and paranoia, which occur during and even weeks after use;
  • Physical problems that can occur are muscle tension, in voluntary teeth clenching, nausea, blurred vision, rapid eye movement, fever, chills, or sweating;
  • Long term effects have been found to include memory loss and serotonin depletion (a chemical in the brain that regulates mood, sleep habits, thought and behavior process, sexual function, and sensitivity to pain).
OPIOIDS AND OPIATES
Types Include:  Heroin, Codeine, Morphine, Opium, Fentanyl, Oxycodone
  • Opiates are naturally occurring organic compounds, while opioids are synthetically created;
  • Very high level of physical and psychological dependence, where the body needs the narcotic to achieve a level of homeostasis or there is an overwhelming feeling to use the drug;
  • Side effects include nausea, sedation, itching, chest pain, and can result in death;
  • Physical withdrawal from both opioids and opiates include severe back, abdominal, and joint pain, nausea, vomiting, intense drug craving, insomnia, extreme anxiety, and depression which can last an average of seven days;
  • Overdose can lead to blood clots, stroke, heart attack, respiratory paralysis, and death.

VIII.    NEW JERSEY STATE AND LOCAL LAWS REGARDING ALCOHOL OFFENSES AND PENALTIES

STATE OF NEW JERSEY
The purchase and consumption of alcohol is a right extended by the State of New Jersey.  The legal age to purchase and consume alcoholic beverages in the State of New Jersey is twenty-one. (N.J.S.A. 9:17b-1)

Possession or Consumption of Alcoholic Beverages in Public Places by persons under legal age (N.J.S.A. 2C:33-15)

Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, place of public assembly, or motor vehicle is guilty of a disorderly persons offense and shall be fined not less than $500.
Purchase of Alcohol by/for the under aged (N.J.S.A. 33:1-81)

An under aged person who purchases or attempts to purchase alcohol, or who misstates his/her age, or a person of legal age who purchases alcohol for an under aged person faces a conviction of a disorderly persons offense, which incurs a fine of not less than $500 and loss of license for six months.  In addition, under aged persons may be required to participate in a state-sponsored alcohol education program.

Offering Alcoholic Beverages to Underage Person (N.J.S.A. 2C:33-17)
Anyone who purposely or knowingly offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices that person to drink an alcoholic beverage is a disorderly person.  This provision does not apply to certain close relatives, certain activities confined to the home, or if the consumption is part of a religious observance.

Transfer of ID (N.J.S.A. 33:1-81.7)
Someone who is under aged and uses another person’s ID card to obtain alcohol, or someone of legal age who gives his/her ID card to an under aged person so that s/he can obtain alcohol, faces a fine of up to $300 or up to 60 days in jail.

False ID (N.J.S.A. 2C:21-2.1 1d)
A person who knowingly possesses a document or other writing which falsely purports to be a driver’s license or other document issued by a governmental agency and which could be used as a means of verifying a person’s identity or age or any other personal identifying information is guilty of a crime in the fourth degree.
Host/Hostess Liability  

Under a 1984 New Jersey Supreme Court decision, Kelly vs. Gwinnell, a host or hostess who serves alcoholic beverages to a guest, knowing that the guest is intoxicated and will soon be driving, can be held liable for injuries inflicted on a third party if that guest is involved in a motor vehicle accident.

Driving While Intoxicated
Operating Motor Vehicles While Under the Influence of Intoxicants (N.J.S.A.  39:4-50)
A person is said to be legally drunk in New Jersey if his/her blood alcohol concentration is at or above .08%.
Penalties:  All persons convicted of DWI must pay an insurance surcharge of $1,000 per year for three years.  In addition:
  • For the first offense, there are additional fines and charges of at least $470 (bringing the total minimum charges for a first offense to $3, 470); loss of license for 7-12 months; and a requirement to spend 12-48 hours in an Intoxicated Driver Resource Center.  A first-time offender also faces a possible 30-day jail term.
  • For a second offense, there are additional fines and charges of at least $720; loss of license for two years; a requirement to perform 30 days of community service and to spend 48 hours in an Intoxicated Drivers Resource Center or jail.  Also, there is a possible 90-day jail term.
  • For a third offense, additional fines and charges of at least $1,220; loss of license for 10 years; and a 180-day jail term.  The insurance surcharge for a third-time offender is $1,500 per year for three years.  These fines and charges do not include court and legal fees.

Driving While License is Suspended Due to DWI (N.J.S.A. 39.3-40)
If a person is found driving while his/her license is suspended due to a conviction for Driving While Intoxicated, that person upon conviction again shall be fined $500, shall have his/her license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days.

Refusing to Take the Breathalyzer Test (N.J.S.A. 39:4-50.4a)
Refusal to take the breathalyzer test where there is probable cause for arrest for DWI will result in up to 10 year loss of license, a fine of $300-$1,000, and an obligation to satisfy the requirements of an alcohol education or rehabilitation program. A person can also be convicted of DWI without the results of a breathalyzer test.  In that case, s/he will suffer all the additional fines and penalties specified for the DWI conviction.

Borough of Lodi, New Jersey
ORDINANCE NO. 78-10

An ordinance prohibiting the consumption of alcoholic beverages in public and other places and providing penalties for the violation thereof.  Be it ordained, by the Municipal council of the Borough of Lodi, in the county of Bergen and State of New Jersey as follows:

SECTION 1:  No person shall consume, drink, or imbibe or offer to another for consumption, drinking or imbibing, any alcoholic beverages in or upon
(d) Any private property not his or her own, without the express permission of the owner or other person having authority to grant such permission.

SECTION 3:  For violation of any provision of this Ordinance. The maximum penalty shall, upon conviction of a violation, be a fine not exceeding Five Hundred ($500.00) Dollars, or imprisonment in the County Jail for a period not exceeding ninety (90) days or both, at the discretion of the court.

Borough of Rutherford, New Jersey
7-8 Consumption; possession of open containers

A.    No person shall drink or have in his/her possession any open container of alcoholic beverage in any public or quasi-public place or while in  or on a public street or thoroughfare or while in a parked vehicle on any street or public thoroughfare in the Borough of Rutherford.
B.    Every person who drinks or has in his/her possession an open container or any alcoholic beverages in any public or quasi-public place or on a public street or thoroughfare in the Borough of Rutherford shall, upon conviction, be subject to a fine of $50 for the first offense or violation and, in default of payment thereof, be imprisoned in the county jail for a period not exceeding 30 days, at the discretion of the court.
C.    Every person who drinks or has in his/her possession an open container or any alcoholic beverages in any public or quasi-public place or on a public street or thoroughfare in the Borough of Rutherford shall, upon conviction, be subject to a fine of $100 for the second and each subsequent offense or violation and, in default of payment thereof, be imprisoned in the county jail for a period not exceeding 30 days, at the discretion of the court.

7-9 Prohibited transfers to minors
A.    It shall be unlawful for any person to sell, distribute, transfer, give or by any other means supply any beer, wine, alcohol or alcoholic beverage to any person under the legal age to purchase alcoholic beverages in any public or quasi-public place or while in or on a public street or thoroughfare or while in a parked vehicle on any public street or thoroughfare in the Borough of Rutherford, except such transfers between a parent and his minor child.
B.    Every person who violates the provisions of Subsection A above shall, upon conviction thereof, be subject to a fine in an amount not exceeding $500 for each offense or violation or be imprisoned in the county jail for a period not exceeding 30 days at the discretion of the court.

7-21 Restrictions on minors
A.    Persons under the legal age for purchasing alcoholic beverages shall not be allowed in any room in which any bar is located unless accompanied by a parent or guardian.
B.    No sale of alcoholic beverage for consumption on the licensed premises shall be made to any person under the legal age for purchasing alcoholic beverages.

IX.    PERTINENT NEW JERSEY STATE AND FEDERAL LAW VOCABULARY REGARDING DRUG OFFENSES AND PENALTIES

State of New Jersey
N.J.S.A. 2C:35-3
, Leader of Narcotics Trafficking Network:  provides penalties for a person found to have acted as an organizer, supervisor, manager or financier of a scheme distributing any Schedule I or II drug.
N.J.S.A. 2C:35-4, Maintaining or Operating a Controlled Dangerous Substance (CDS) Production Facility:  provides that such conduct is a first degree crime punishable by imprisonment and fines.
N.J.S.A. 2C:35-5, Manufacturing, Distributing, or Dispensing:  provides that such conduct results in imprisonment and fines.
N.J.S.A. 2C:35-6, Using a Juvenile in a Drug Distribution Scheme:  provides that such conduct is a second degree crime punishable by imprisonment and fines.
N.J.S.A. 2C:35-7, Drug-Free School Zones:  provides that any person  who distributes, dispenses, or possesses with intent to distribute controlled dangerous substance within 1,000 feet of school property is guilty of a crime of the third degree.
N.J.S.A. 2C:35-8, Distribution to Persons Under Eighteen or Pregnant Females:  provides that provides that such conduct carries a penalty of imprisonment and fines.
N.J.S.A. 2C:35-9, Strict Liability for Drug-Induced Death:  provides that such a situation is a first degree crime, same as murder, but no intent need be shown, only that death resulted as a result of the use of a drug supplied by the defendant.
N.J.S.A. 2C:35-10, Possession, Use, Being Under the Influence, or Failure to Make Lawful Disposition:  provides that such conduct carries a penalty of imprisonment and fines.
N.J.S.A. 2C:35-11, Imitation Controlled Dangerous Substances:  provides that dispensing or distributing a substance falsely purported to be a CDS is a third degree crime, and can carry a fine up to $200,000.
Possession of anabolic steroids is a third degree crime.
Paraphernalia:  Drug paraphernalia is defined “…all equipment, products, and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human  body a controlled dangerous substance…including…roach clips…bongs…pipes…”
N.J.S.A. 2C:36-2, Use or Possession with Intent to Use, Narcotic Paraphernalia:  provides that such conduct carries a disorderly persons offense.
N.J.S.A. 2C:36-3, Distribute, Dispense, Possess with Intent to, Narcotics Paraphernalia:  provides that such conduct is a fourth degree crime.
N.J.S.A. 2C:36-4, Advertise to Promote Sale of Narcotics Paraphernalia:  provides that such conduct is a fourth degree crime.
N.J.S.A. 2C:36-5, Delivering Paraphernalia to Person Under Eighteen Years:  provides that such conduct constitutes a third degree crime.
N.J.S.A. 2C:36-6, Possession or Distribution of Hypodermic Syringe:  provides that such conduct constitutes a disorderly persons offense.

Federal Drug Offenses
The criminal offenses most commonly charged under the Federal Controlled Substances Act are the knowing, intentional and unauthorized manufacture, distribution or dispensing of any controlled substance or the possession of any controlled substance with the intent to manufacture, distribute or dispense.  Federal law also prohibits the knowing, intentional and unauthorized creation, distribution, dispensing or possession with the intent to distribute or dispense a “counterfeit substance.”  Simple possession without necessarily an intent to distribute is also forbidden by Federal law and carries a penalty of imprisonment.  Attempts and/or conspiracies to distribute or possess with intent to distribute a controlled substance are crimes under federal law.

Specific drug crimes that may carry greater penalties include the following:
  • The distribution of narcotics to persons under 21;
  • The distribution or manufacturing of narcotics near schools and Universities;
  • The employment of juveniles under the age of 18 in drug trafficking operations;
  • The distribution of controlled substances to pregnant women.
The penalties for violating Federal narcotics statutes vary.  The penalties may be more severe based upon two principal factors:
  • The type of drug involved; and
  • The quantity of the drug involved.

With the exception of simple possession charges which result in up to one year imprisonment, maximum penalties for narcotics violations range from 20 years to life in prison.  Certain violations carry mandatory minimum prison sentences of either five or ten years.  Harsher penalties will be imposed if a firearm is used in the commission of a drug offense.  If a drug offense results in death or serious bodily injury to an individual who uses the drug involved, the penalties are harsher.
Anabolic steroids are controlled substances and distribution or possession with intent to distribute carries a sentence of up to five years and a $250,000 fine.

X.    OVERDOSE PREVENTION ACT
The Overdose Prevention Act concerns opioid antidotes and overdose prevention, and supplements Title 24 of the Revised Statutes and Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:

C.24:6J-1  Short title.
1.   This Act shall be known and may be cited as the “Overdose Prevention Act.”

C.24:6J-2  Findings, declarations relative to overdose prevention.
2.   The legislature finds and declares that encouraging witnesses and victims of drug overdoses to seek medical assistance saves lives and is in the best interests of the citizens of this State and, in instances where evidence was obtained as a result of seeking medical assistance, these witnesses and victims should be protected from arrest, charge, prosecution, conviction, and revocation of parole or probation for possession or use of illegal drugs.  Additionally, naloxone is an inexpensive and easily administered antidote to an opioid overdose.  Encouraging the wider prescription and distribution of naloxone or similarly acting drugs to those at risk for an opioid overdose, or to members of their families or peers, would reduce the number of opioid overdose deaths and be in the best interests of the citizens of this State.  It is not the intent of the Legislature to protect individuals from arrest, prosecution or conviction for other criminal offenses, including engaging in drug trafficking, nor is it the intent of the Legislature to in any way modify or restrict the current duty and authority of law enforcement and emergency responders at the scene of a medical emergency or a crime scene, including the authority to investigate and secure the scene.

C.24:6J-3  Definitions relative to overdose prevention.
3.   As used in this act:
    “Commissioner” means the Commissioner of Human Services.
    “Drug overdose” means an acute condition including, but not limited to: physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled dangerous substance or another substance with which a controlled dangerous substance was combined and that a layperson would reasonably believe to require medical assistance.
    “Medical Assistance” means professional medical services that are provided to a person experiencing a drug overdose by a health care professional, acting within  the scope of his or her lawful practice, including professional medical services that are mobilized through telephone contact with the 911 telephone emergency service.
    “Opioid antidote” means naloxone hydrochloride or any other similarly acting drug approved by the United States Food and Drug Administration for the treatment of an opioid overdose.
    “Health Care Professional” means a physician, physician assistant, advanced practical nurse, or other individual who is licensed or whose professional practice is otherwise regulated pursuant to Title 45 of the Revised Statutes, other than a pharmacist, and who, based upon the accepted scope of professional authority, prescribes or dispenses an opioid antidote.
“Patient” includes a person who is not at risk of an opioid overdose but who, in the judgement of a physician, may be in a position to assist another individual during an overdose and who has received patient overdose information as required by section 5 of this act on the indications for and administration of an opioid antidote.

C.2C:35-30  Immunity from liability, certain circumstances, for persons seeking medical assistance for someone experiencing a drug overdose.
7.a.  A person who, in good faith, seeks medical assistance for someone experiencing a drug overdose shall not be:

  1. arrested, charged, prosecuted, or convicted for obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of a controlled dangerous substance or controlled substance analog pursuant to subsection a., b., or c. of N.J.S.2C:35-10;
  2. arrested, charged, prosecuted, or convicted for inhaling the fumes of or possessing any toxic chemical pursuant to subsection b. of section 7 of P.L. 1999, c. 90 (C.2C:35-10.4);
  3. arrested, charged, prosecuted, or convicted for using, obtaining, attempting to obtain, or possessing any prescription legend drug or stramonium preparation pursuant to subsection b., d., or e., of section 8 of P.L. 1999, c.90 (C.2C:35-10.5);
  4. arrested, charged, prosecuted, or convicted for acquiring or obtaining possession of a controlled dangerous substance or controlled substance analog by fraud pursuant to N.J.S.2C:35-13;
  5. arrested, charged, prosecuted, or convicted for unlawfully possessing a controlled dangerous substance that was lawfully prescribed or dispensed pursuant to P.L. 1998, c.90 (C.2C:35-24);
  6. arrested, charged, prosecuted, or convicted for using or possessing with intent to use drug paraphernalia pursuant to N.J.S.2C:36-2 or for having under his/her control or possessing a hypodermic syringe, hypodermic needle, or any other instrument adapted for the use  of a controlled dangerous substance or a controlled substance analog pursuant to subsection a. of N .J.S.2C:36-6;
  7. subject to revocation of parole or probation based only upon a violation of offenses described in subsection a. (1) through (6) of this section, provided, however,  this circumstance may be considered in establishing or modifying the conditions of parole or probation supervision.

b.  The provisions of subsection a. of this section shall only apply if:
(1)  the person seeks medical assistance for another person who is experiencing a drug overdose and is in need of medical assistance; and
(2)  the evidence for an arrest, charge, prosecution, conviction, or revocation was obtained as a result of the seeking of medical assistance.
c.    Nothing in this section shall be construed to limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of this act or with regard to other crimes committed by a person who otherwise qualifies for protection pursuant to this act.  Nothing in this section shall be construed to limit any seizure of evidence or contraband otherwise permitted by law.  Nothing herein shall be construed to limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in subsection a. of this section.  Nothing in this section shall be construed to limit, modify or remove any immunity from liability currently available to public entities or public employees by law.
C.2C:35-31  Protections for certain persons experiencing a drug overdose.
8.a.  A person who experiences a drug overdose and who seeks medical assistance or is the subject of a good faith request for medical assistance pursuant to section 4 of this act shall not be:
(1.)    arrested, charged, prosecuted, or convicted for obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of a controlled dangerous substance or controlled substance analog pursuant to subsection a., b., or c. of N.J.S.2C:35-10;
(2.)    arrested, charged, prosecuted, or convicted for inhaling the fumes of or possessing any toxic chemical pursuant to subsection b. of section 7 of P.L. 1999, c. 90 (C.2C:35-10.4);
(3.)    arrested, charged, prosecuted, or convicted for using, obtaining, attempting to obtain, or possessing any prescription legend drug or stramonium preparation pursuant to subsection b., d., or e., of section 8 of P.L. 1999, c.90 (C.2C:35-10.5);
(4.)    arrested, charged, prosecuted, or convicted for acquiring or obtaining possession of a controlled dangerous substance or controlled substance analog by fraud pursuant to N.J.S.2C:35-13;
(5.)    arrested, charged, prosecuted, or convicted for unlawfully possessing a controlled dangerous substance that was lawfully prescribed or dispensed pursuant to P.L. 1998, c.90 (C.2C:35-24);
(6.)    arrested, charged, prosecuted, or convicted for using or possessing with intent to use drug paraphernalia pursuant to N.J.S.2C:36-2 or for having under his/her control or possessing a hypodermic syringe, hypodermic needle, or any other instrument adapted for the use  of a controlled dangerous substance or a controlled substance analog pursuant to subsection a. of N .J.S.2C:36-6;
(7.)    subject to revocation of parole or probation based only upon a violation of offenses described in subsection a. (1) through (6) of this section, provided, however,  this circumstance may be considered in establishing or modifying the conditions of parole or probation supervision.

b.  The provisions of subsection a. of this section shall only apply if the evidence for an arrest, charge, prosecution, conviction, or revocation was obtained as a result of the seeking of medical assistance.
c.    Nothing in this section shall be construed to limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of this act or with regard to other crimes committed by a person who otherwise qualifies for protection pursuant to this act.  Nothing in this section shall be construed to limit any seizure of evidence or contraband otherwise permitted by law.  Nothing herein shall be construed to limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in subsection a. of this section.  Nothing in this section shall be construed to limit, modify or remove any immunity from liability currently available to public entities or public employees by law.
9.  Sections 1 through 6 of this act shall take effect on the first day of the second month following enactment, except that the Commissioner of Human Services shall take any anticipatory action in advance thereof as shall be necessary for the implementation of this act and sections 7 and 8 shall take effect immediately.
    Approved May 2, 2013.

XI.    9-1-1 LIFELINE LEGISLATION
The Lifeline Legislation is an act concerning persons under the legal age to possess and consume alcoholic beverages, amending P.L. 1979, c.264, and supplementing P.L. 2000, c. 33.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:

C.40:48-1.2a  Immunity from prosecution; certain circumstances.
2.a.  An underage person and one or two other persons shall be immune from prosecution under an ordinance authorized by section 1 of P.L. 2000, c. 33 (C.40:48-1,2) prohibiting any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes   an alcoholic beverage on private property if:
  1. one of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption;
  2. the underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator;
  3. the underage person was the first person to make the 9-1-1 report; and
  4. the underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived, and cooperated with medical assistance and law enforcement personnel on the scene.

b.  The underage person who received medical assistance as provided in subsection a. of this section also shall be immune from prosecution under an ordinance authorized by  section 1 of P.L.2000, c. 33 (C.40:48-1.2).
3.     This act shall take effect immediately.
Approved October 1, 2009.

XII.    RESOURCES

Information regarding outside resources, education, screenings, and treatment center locations may be found on the Felician University Counseling Center website.