Bill
S 3955
Prohibits deceptive marketing by SUD treatment providers and recovery residences; requires clear disclosures of services, location, and contact info.
Status and procedural history
- Introduced: December 12, 2024.
- Reported with committee amendments by Senate Health, Human Services & Senior Citizens Committee (Mar 3, 2025) and by Senate Budget & Appropriations Committee (Mar 17, 2025).
- Substituted by A3974 (3R) on March 24, 2025. Current status entries also show referral to Labor (Jan 31, 2025).
- Sponsors: Senator Jessica Ramos (primary) and Senator James Sanders Jr. (co-sponsor).
Purpose / intent
- To prohibit deceptive or misleading marketing and advertising by substance use disorder (SUD) treatment providers and recovery residences, and to require clear, accurate contact and service information be provided in all marketing materials to protect consumers seeking SUD care.
Key definitions (as used in bill)
- Treatment provider: a facility licensed under section 8 of P.L.1975, c.305 (C.26:2B-14), a SUD treatment facility with a certificate of approval under P.L.1970, c.334 (C.26:2G-21 et seq.), or a recovery residence located in New Jersey.
- Recovery residence: sober-living housing (professionally- or peer-managed) that provides alcohol- and drug‑free living accommodations to persons with SUD or co‑occurring disorders, but does not provide clinical treatment services.
- Note: committee amendments at different stages addressed the term “affiliation”/“relationship”; later committee language left “affiliation” to its ordinary meaning.
Required disclosures in marketing
- All marketing/advertising by a treatment provider or recovery residence must be accurate, in plain language, and include:
- Types and methods of services provided;
- Location(s) where services are provided;
- Provider/recovery residence name and brand name, phone number, mailing address, and business location address.
Prohibited (unlawful) practices
- It is unlawful to:
1. Falsely state in-network or out-of-network status;
2. Provide or direct others to provide false/misleading identity or contact information for a provider;
3. Publish false/misleading website addresses or surreptitiously redirect users to another site;
4. Imply an affiliation with another provider or recovery residence without express written consent;
5. Misrepresent the SUD treatment services provided;
6. Misstate the geographic location of the provider or where services are offered.
Enforcement and remedies
- Civil penalties: up to $20,000 per violation (collected under Penalty Enforcement Law in municipal court as applicable).
- Licensing actions: Department of Health (Office of Licensing) may investigate and suspend/revoke licenses or certificates for treatment providers; Department of Community Affairs may do the same for recovery residences.
- Private right of action: any person harmed may sue or assert a counterclaim; courts may award treble (threefold) damages plus reasonable attorney’s fees, filing fees, and costs.
Fiscal impact (Office of Legislative Services)
- Estimated minimum State expenditure increase: $500,000 annually (Department of Health — Office of Facility Licensing staff to investigate/enforce).
- Department of Community Affairs and Judiciary/municipal courts could incur indeterminate costs. Potential additional revenues from penalties and fees are indeterminate (depends on number of violations).
Who is affected
- Licensed SUD treatment facilities, SUD facilities with certificates of approval, licensed recovery residences, persons seeking or paying for SUD services, State licensing agencies (DOH, DCA), and the courts/municipal courts.
Effective date
- The bill provides for immediate effect upon enactment (as in the introduced text).
Compiled from official sources — confirm details with the bill’s official record.
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