NY Ment Hygiene L § 19.09 (2021)
2021 New York Laws MHY - Mental Hygiene Title D - Alcoholism and Substance Abuse Act Article 19 - Office of Alcoholism and Substance Abuse 19.09 - Powers of the Office and Commissioner; How Exercised.

§ 19.09 Powers of the office and commissioner; how exercised.  (a)  The  commissioner shall exercise all powers vested in the office. He or she may delegate any function, power, or duty assigned to  him  or her  or  to  the  office of alcoholism and substance abuse services to a director of a facility operated by such office or to any  other  officer or employee of such office, unless otherwise provided by law.  (1)  The  commissioner  may  enter  into  agreements  with  the  other commissioners of the department in order to  ensure  that  programs  and services are provided for all of the mentally disabled.  (2)  Upon  the request of a state agency, including but not limited to the department of corrections and community supervision, the  office  of probation  and correctional alternatives, and the office of children and family services, the  commissioner  shall  have  the  power  to  provide alcoholism,  substance  abuse,  and  chemical dependence services either directly  or  through  agreements  with  local  certified  or   approved providers  to  persons  in  the custody or under the jurisdiction of the requesting  agency  within  amounts  available  and  within   priorities established through the planning process.  (3)   The  commissioner  may  coordinate  alcoholism,  alcohol  abuse, substance abuse, substance dependence and  chemical  dependence  related activities  in  all  departments  of  the  state by convening at regular intervals a coordinating committee of representatives of the departments of  health,  corrections  and  community  supervision,  labor,  economic development,  education, and motor vehicles, and the office of temporary and disability assistance and any other department or agency  having  an interest therein.  (4)  The  commissioner  shall  meet  on  an  ongoing  basis  with  the representatives of the New York state conference of local mental hygiene directors to promote coordination and consistency of plans,  rules,  and regulations governing the planning and financing of the care, treatment, and   rehabilitation  of  alcohol  and  substance  abusers,  to  promote coordination with the other offices of the  department,  and  to  assist local  governmental  units in fulfilling their responsibilities pursuant to this chapter.  (b) The commissioner may adopt regulations  necessary  and  proper  to implement  any  matter under his or her jurisdiction. Proposed rules and regulations regarding chemical dependence services shall be submitted to the advisory council on alcoholism and substance abuse services for  its advice,  in  accordance with this article, unless the commissioner finds that the public health, safety, or general welfare  requires  that  such regulation be promulgated as an emergency rulemaking.  (c)   In   conducting  any  investigation,  audit,  financial  review, inspection, or hearing, the commissioner may subpoena witnesses,  compel their attendance, administer oaths to witnesses, examine witnesses under oath,  and require the production of any books or papers deemed relevant to the investigation, inspection, or hearing. Subpoenas issued shall  be regulated  by  the  civil practice law and rules. The confidentiality of information obtained by the commissioner from patients' records shall be maintained in accordance with state and federal law.  (d) The commissioner shall survey and analyze the state's  needs,  and with  the  advice  of  the  advisory council on alcoholism and substance abuse services, shall, in accordance with the  requirements  of  section 5.07  and  article  twenty-five  of  this  chapter,  as  it  pertains to substance abuse services, and article forty-one of this chapter,  as  it pertains to alcoholism services, formulate a comprehensive plan for long range  development,  through utilization of a network of federal, state, local and private resources, of adequate services and facilities for the prevention and control of chemical abuse or dependence and from time  to  time  revise  such  plan, ensuring that such plans have as part of their goal the delivery of services to the elderly  and  women  and  children, including  pregnant  women  unless  such  programs have provided for the treatment  of  pregnant  women through a transfer agreement with another provider.  (e)  The  commissioner  shall  execute  the  policies  of  the   state concerning alcoholism and substance abuse services.  (1)  In  furtherance  thereof,  within  the  amounts made available by appropriation and with the approval of the division of the  budget,  the commissioner  shall  have  the  authority  to  make grants or enter into agreements  with  alcoholism  or  substance  abuse  programs,  or  other appropriate   entities.  Special  emphasis  shall  be  placed  on  those geographic areas with a high prevalence of  alcoholism,  alcohol  abuse, substance abuse, substance dependence, or chemical dependence.  (2)  The  office  shall  be  the  authority,  when  designated  by the governor, to supervise and administer financial or technical  assistance as  the  designee  under  a  state plan or as may be required by federal legislation making such assistance available for programs or  activities in alcoholism, alcohol abuse, substance abuse, substance dependence, and chemical dependence, and other areas under its jurisdiction and control.  (f)  The  commissioner shall administer all state, local, private, and federal funds, excluding those provided under title XIX  or  XX  of  the federal  social  security  act,  made  available  to  the  state for the provision  of  alcoholism,  substance  abuse,  or  chemical   dependence services subject to the approval of the director of the budget.  (g)  The  commissioner shall establish and operate chemical dependence programs, facilities, and services for the  prevention,  treatment,  and rehabilitation,  including  relapse prevention and recovery maintenance, of persons who abuse or are dependent on alcohol and/or substances,  and significant  others  not  limited to the psychiatric model but embodying all recognized or promising approaches.  (h) The commissioner shall promulgate rules and regulations  requiring the  division  of horse racing and pari-mutuel wagering and the division of gaming to provide for the posting of signs in facilities regulated by the division of horse racing and  pari-mutuel  wagering  and  facilities regulated  by  the division of gaming advising patrons where to get help in dealing with a compulsion to gamble.  In  addition,  the  information contained  on  such signs shall be posted on the internet at appropriate internet sites. Such signs and information posted on the internet  shall include,  but  not  be  limited to, notice of the availability of one or more organizations, approved by the commissioner, that offer  assistance in  the prevention and treatment of compulsive gambling. Such signs, not less than eight and one-half inches by eleven inches, shall be posted in a prominent manner and within reasonable distance of each  entrance  and exit  by  the  facility  that conducts the gambling. Such signs shall be available at the division of gaming and the  office  of  alcoholism  and substance  abuse  services  and  shall be distributed by the division of gaming.  (i)  (1)  The  office,  in  cooperation   with   the   department   of environmental conservation, shall post on the office website information which  includes  but is not limited to the required steps and guidelines for  any  municipality,  pharmacy,  local  law  enforcement  agency,  or community group to conduct a household pharmaceutical collection event.  (2) Pursuant to section 27-2703 of the environmental conversation law, as  added by chapter six hundred twenty-five of the laws of two thousand eight, the commissioner, in consultation with the department may  assist in  the  development  of  a  public  information  program  on the proper  disposal of drugs and drug disposal sites. The office shall  disseminate such information by any means deemed appropriate by the commissioner.  (j)  (1)  The  commissioner,  in consultation with the commissioner of health, shall create or utilize existing educational materials regarding the dangers of misuse and the potential for  addiction  to  prescription controlled substances, treatment resources available, and the proper way to  dispose  of  unused prescription controlled substances in accordance with paragraph two of this subdivision.  (i) Such materials shall be made available to pharmacies registered in the state, and shall be distributed at the time of dispensing  with  any prescribed drug that is a controlled substance. Information disseminated pursuant  to  this  paragraph  may,  at  the  option of the consumer, be distributed through electronic means.  (ii) Such materials shall also be posted on the website of the  office of  alcoholism  and  substance  abuse  services and of the department of health, and shall be provided in languages other than English as  deemed appropriate  by  the  commissioners,  but  shall  include  the  ten most commonly spoken languages, aside from English, in the state.  (2) The educational  materials  required  in  paragraph  one  of  this subdivision shall include the following:  (a) the risks of using or consuming such controlled substances;  (b)  the  physical, behavioral and advanced warning signs of addiction to such controlled substances;  (c) the HOPELINE telephone contract number (1-877-8-HOPE-NY) and  text (HOPENY)  for  the  HOPELINE  operated by the office, or any number that succeeds the HOPELINE;  (d)  the  procedures  for  the  safe  disposal  of  unused  controlled substances   established   pursuant   to  section  thirty-three  hundred forty-three-b of the public health law; and  (e) such other information as the commissioner shall determine  to  be necessary  or  informative relating to the use, consumption or abuse of, or addiction to controlled substances.  (3) A pharmacy may also provide additional information  regarding  the safe disposal of controlled substances, including but not limited to any disposal  program  that  such  pharmacy is operating or participating in outside of the programs under section thirty-three hundred forty-three-b of the public health law.  (k) The commissioner, in consultation with the New York  state  gaming commission,  is  authorized  and  directed  to  commission  a  statewide evaluation regarding the extent of gambling by New York state residents, including, but not limited to the lottery, horse racing, Native American casinos, internet gambling, sports betting, and poker.  Such  evaluation shall  be  delivered  to  the  governor  and  legislature  no later than December first, two  thousand  twenty-three.  The  evaluation  shall  be prepared  by  an  independent  entity and selected through a request for proposal process. Such evaluation shall include:  (1) the  percentage  of  New  York  residents  participating  in  each gambling activity by:  (a) age;  (b) race;  (c) income;  (d) education;  (e) sex; and  (f)  any  other  demographic that would be relevant to the evaluation; and  (2) an estimate of the amount of money being wagered and lost  by  New York residents in each gambling activity.    * (l)(1)  The  office,  in consultation with the department of health, shall maintain on its website a  publicly  available  directory  of  all distributors  of  opioid  antagonists  to  the public, including but not limited to, pharmacies, prevention programs and not-for-profits. As used in  this  subdivision,  the  following  terms  shall  have the following meanings:  (i) "Opioid" means  an  opiate  as  defined  in  section  thirty-three hundred two of the public health law.  (ii)   "Opioid   antagonist"   means   a   federal   food   and   drug administration-approved  drug  that,  when  administered,   negates   or neutralizes in whole or in part the pharmacological effects of an opioid in the body. The opioid antagonist shall be limited to naloxone or other medications approved by the department of health for this purpose.  (2)  The  directory  required by this subdivision shall include and be searchable by the following information:  (i) addresses of each distributor of opioid antagonists;  (ii) contact information, such as phone numbers  or  email  addresses, for each distributor;  (iii)  services  offered  by each distributor at each location if more than one, as well as information providing which opioid antagonists  are currently available at each distributor;  (iv) special populations served;  (v) insurance providers accepted;  (vi) hours of operation of each distributor;  (vii) contact information of opioid addiction prevention programs; and  (viii) any other information the commissioner deems necessary.  (3)  The  office  may  utilize  an  existing  directory to satisfy the requirements of this subdivision.   * NB There are 2 sb (l)'s   * NB Effective April 5, 2022   * (l) The commissioner shall identify or develop educational materials regarding compulsive gambling for the purpose of  informing  individuals about the dangers of problem gambling as well as treatment opportunities that  may  be  available  to  them.  Such educational materials shall be provided to individuals when they  voluntarily  place  themselves  on  a self-exclusion  list  of  an  association  or  corporation  licensed  or enfranchised by the New York state gaming commission pursuant to section one hundred eleven of the racing, pari-mutuel wagering and breeding law. Such materials shall also be  made  available  on  the  website  of  the office.  To  the  extent  that  a  gaming  facility licensed pursuant to article thirteen of the racing, pari-mutuel wagering  and  breeding  law has  already  created  materials  pursuant  to  section thirteen hundred sixty-two of the racing, pari-mutuel  wagering  and  breeding  law  that effectuate  the  intent  of this subdivision, such educational materials may be utilized by the gaming facility instead  of  ones  identified  or developed by the commissioner.   * NB There are 2 sb (l)'s   * NB Effective March 3, 2022