NY Ment Hygiene L § 19.07 (2021)
2021 New York Laws MHY - Mental Hygiene Title D - Alcoholism and Substance Abuse Act Article 19 - Office of Alcoholism and Substance Abuse 19.07 - Office of Alcoholism and Substance Abuse Services; Scope of Responsibilities.

§ 19.07 Office  of  alcoholism  and  substance  abuse services; scope of           responsibilities.  (a) The office of alcoholism and substance abuse services  is  charged with  the  responsibility  for assuring the development of comprehensive plans, programs, and services in  the  areas  of  research,  prevention, care,   treatment,  rehabilitation,  including  relapse  prevention  and recovery maintenance, education, and training of persons  who  abuse  or are  dependent  on  alcohol  and/or  substances and their families. Such plans, programs, and services shall be developed with the cooperation of the office, the other offices of the department where appropriate, local governments, consumers and community  organizations  and  entities.  The office  shall  provide  appropriate  facilities  and shall encourage the provision of facilities by local government and community  organizations and  entities.  The  office  is  also  responsible for developing plans, programs  and  services  related  to  compulsive   gambling   education, prevention and treatment consistent with section 41.57 of this chapter.  (b) The office of alcoholism and substance abuse services shall advise and  assist  the  governor in improving services and developing policies designed to meet the needs of  persons  who  suffer  from  an  addictive disorder  and  their  families,  and  to encourage their rehabilitation, maintenance of recovery, and functioning in society.  (c) The office of alcoholism and substance abuse services  shall  have the  responsibility for seeing that persons who suffer from an addictive disorder and their families are provided with addiction  services,  care and   treatment,   and   that   such   services,   care,  treatment  and rehabilitation is of  high  quality  and  effectiveness,  and  that  the personal  and  civil  rights  of persons seeking and receiving addiction services, care, treatment and rehabilitation are adequately protected.  (d) The office of alcoholism and substance abuse services shall foster programs  for  the  training  and  development  of  persons  capable  of providing the foregoing services, including but not limited to a process of  issuing,  either  directly  or  through  contract,  credentials  for alcoholism  and  substance  abuse  counselors  or   gambling   addiction counselors in accordance with the following:  (1) * The office shall establish minimum qualifications for counselors in  all phases of delivery of services to persons and their families who are suffering  from  alcohol  and/or  substance  abuse  and/or  chemical dependence  and/or  compulsive  gambling  that shall include, but not be limited to, completion  of  approved  courses  of  study  or  equivalent on-the-job  experience  in  alcoholism  and  substance  abuse counseling and/or counseling of compulsive gambling.   * NB Effective until February 5, 2022   * The office shall establish minimum qualifications for counselors  in all phases of delivery of services to persons and their families who are suffering from alcohol and/or substance abuse and/or chemical dependence and/or  compulsive  gambling  that shall include, but not be limited to, completion  of  approved  courses  of  study  or  equivalent  on-the-job experience   in   alcoholism   and  substance  abuse  counseling  and/or counseling of compulsive gambling. Such approved  courses  of  study  or equivalent    on-the-job    experience    shall    include:    providing trauma-informed,  patient-centered  care;   referring   individuals   to appropriate  treatments  for  co-occurring  disorders;  and  sensitivity training. Such courses shall be updated as needed  to  reflect  evolving best  practices in harm reduction, treatment and long-term recovery. For the purposes of this paragraph, sensitivity training shall mean  a  form of  training  with  the  goal  of  making people more aware of their own prejudices and more sensitive to others.   * NB Effective February 5, 2022  (i) The office shall establish procedures  for  issuing,  directly  or through   contract,   credentials   to   counselors   who  meet  minimum qualifications, including the establishment  of  appropriate  fees,  and shall  further  establish  procedures  to suspend, revoke, or annul such credentials  for good cause. Such procedures shall be promulgated by the commissioner by rule or regulation.  (ii) The commissioner shall  establish  a  credentialing  board  which shall provide advice concerning the credentialing process.  (2)  The  establishment,  with  the  advice of the advisory council on alcoholism and substance abuse services, of minimum  qualifications  for counselors in all phases of delivery of services to those suffering from alcoholism,  substance  and/or  chemical  abuse and/or dependence and/or compulsive gambling and their families that shall include,  but  not  be limited  to,  completion  of  approved  courses  of  study or equivalent on-the-job experience in counseling  for  alcoholism,  substance  and/or chemical  abuse  and/or dependence and/or compulsive gambling, and issue credentials to counselors who meet minimum qualifications  and  suspend, revoke,  or  annul  such  credentials  for good cause in accordance with procedures promulgated by the commissioner by rule or regulation.  (3) For the purpose of this title, the term  "credentialed  alcoholism and  substance  abuse  counselor"  or  "C.A.S.A.C."  means  an  official designation identifying an individual  as  one  who  holds  a  currently registered  and  valid credential issued by the office of alcoholism and substance abuse services pursuant to this  section  which  documents  an individual's  qualifications  to  provide alcoholism and substance abuse counseling. The term "gambling addiction counselor"  means  an  official designation  identifying  an  individual  as  one  who holds a currently registered and valid credential issued by the office of  alcoholism  and substance  abuse  services  pursuant  to this section which documents an individual's qualifications to provide compulsive gambling counseling.  (i)  No  person  shall  use  the  title  credentialed  alcoholism  and substance   abuse   counselor  or  "C.A.S.A.C."  or  gambling  addiction counselor unless authorized pursuant to this title.  (ii) Failure to comply with the requirements  of  this  section  shall constitute a violation as defined in the penal law.  (4)  All  persons  holding  previously  issued and valid alcoholism or substance  abuse  counselor  credentials  on  the  effective   date   of amendments to this section shall be deemed C.A.S.A.C. designated.  (e)  Consistent  with  the  requirements of subdivision (b) of section 5.05 of this chapter, the office  shall  carry  out  the  provisions  of article   thirty-two  of  this  chapter  as  such  article  pertains  to regulation  and  quality  control  of  chemical   dependence   services, including  but  not  limited  to  the  establishment  of  standards  for determining the necessity  and  appropriateness  of  care  and  services provided  by  chemical dependence providers of services. In implementing this  subdivision,  the   commissioner,   in   consultation   with   the commissioner  of health, shall adopt standards including necessary rules and regulations including but not limited to those for  determining  the necessity  or  appropriate level of admission, controlling the length of stay and the provision of services, and  establishing  the  methods  and procedures for making such determination.  (f)  The  office  of  alcoholism  and  substance  abuse services shall develop a list of all agencies throughout the state which are  currently certified  by  the  office  and  are capable of and available to provide evaluations in accordance with section  sixty-five-b  of  the  alcoholic beverage  control  law so as to determine need for treatment pursuant to such section and to assure the availability of such evaluation  services by  a  certified agency within a reasonable distance of every court of a  local jurisdiction in the state. Such list shall be updated on a regular basis and shall be made available to every supreme court law library  in this  state,  or,  if  no  supreme  court  law library is available in a certain county, to the county court library of such county.  (g)  The  office  of  alcoholism  and  substance  abuse services shall develop and maintain a list of the names and locations of  all  licensed agencies  and  alcohol  and substance abuse professionals, as defined in paragraphs (a) and (b) of subdivision  one  of  section  eleven  hundred ninety-eight-a  of  the  vehicle  and  traffic law, throughout the state which are capable of and available to  provide  an  assessment  of,  and treatment  for,  alcohol  and  substance abuse and dependency. Such list shall be provided to the chief administrator  of  the  office  of  court administration  and  the commissioner of motor vehicles. Persons who may be aggrieved by an agency decision regarding inclusion on the  list  may request   an   administrative   appeal  in  accordance  with  rules  and regulations of the office.  (h) The office  of  addiction  services  and  supports  shall  monitor programs  providing  care  and  treatment to incarcerated individuals in correctional facilities operated by the department  of  corrections  and community  supervision  who  have  a history of alcohol or substance use disorder or dependence. The office shall also develop guidelines for the operation of alcohol and substance use disorder  treatment  programs  in such  correctional  facilities, based on best practices, and tailored to the nature of the individual's substance use, history of past treatment, and history  of  mental  illness  or  trauma,  which  may  include  harm reduction strategies, in order to ensure that such programs sufficiently meet  the needs of incarcerated individuals with a history of alcohol or substance  use  disorder  or  dependence  and  promote  the   successful transition to treatment in the community upon release. No later than the first  day  of  December  of each year, the office shall submit a report regarding: (1) the adequacy and effectiveness of alcohol  and  substance use   disorder   treatment   programs  operated  by  the  department  of corrections  and  community  supervision;  (2)  the  total   number   of incarcerated  individuals  in  correctional  facilities  that  have been screened for, and determined to have,  a  substance  use  disorder;  (3) information regarding which substances incarcerated individuals are most dependent  upon  and the available treatment for such individuals within each correctional facility; (4) the  total  number  of  individuals  who participate in each of the treatment programs operated by the department of  corrections  and  community supervision; and (5) the total number of individuals who participated  in  a  substance  use  disorder  treatment program  but  failed  to  complete such program, as well as whether such failure to complete the program was  a  result  of  disciplinary  action taken  by the facility against the individual for instances unrelated to their  participation  in  the  treatment  program.  The  department   of corrections  and  community  supervision  shall  provide the office with information needed to complete this report. Such report shall be sent to the governor, the temporary president of the senate, the speaker of  the assembly,  the  chairman of the senate committee on crime victims, crime and  correction,  and  the  chairman  of  the  assembly   committee   on correction.  (i)  The  office  of  alcoholism  and  substance  abuse services shall periodically, in consultation  with  the  state  director  of  veterans' services:  (1) review the programs operated by the office to ensure that the needs of the state's veterans who served in the  U.S.  armed  forces and who are recovering from alcohol and/or substance abuse are being met and  to  develop improvements to programs to meet such needs; and (2) in collaboration with the state director  of  veterans'  services  and  the  commissioner   of   the   office  of  mental  health,  review  and  make recommendations   to   improve   programs   that   provide    treatment, rehabilitation,  relapse  prevention,  and recovery services to veterans who  have  served  in  a combat theatre or combat zone of operations and have a co-occurring mental health  and  alcoholism  or  substance  abuse disorder.  (j)  The  office, in consultation with the state education department, shall identify or develop materials on problem gambling among school-age youth which may be used by school districts and  boards  of  cooperative educational  services,  at  their  option,  to  educate  students on the dangers and consequences of problem gambling as they  deem  appropriate. Such  materials  shall be available on the internet website of the state education department. The internet website of the office shall provide a hyperlink to the internet page of the state  education  department  that displays such materials.  (k)  Heroin  and opioid addiction awareness and education program. The commissioner, in cooperation with the commissioner of the department  of health,  shall  develop  and  conduct a public awareness and educational campaign on heroin and opioid  addiction.  The  campaign  shall  utilize public  forums,  social media and mass media, including, but not limited to, internet, radio,  and  print  advertising  such  as  billboards  and posters  and  shall also include posting of materials and information on the office website. The campaign shall be  tailored  to  educate  youth, parents,  healthcare professionals and the general public regarding: (1) the risks associated with the abuse and misuse of  heroin  and  opioids; (2)  how  to  recognize  the  signs  of addiction; and (3) the resources available for those needing assistance with heroin or opioid  addiction. The  campaign  shall  further  be  designed  to enhance awareness of the opioid  overdose  prevention  program  authorized  pursuant  to  section thirty-three  hundred  nine  of  the  public  health  law  and the "Good Samaritan law" established pursuant to sections 220.03 and 220.78 of the penal law and section 390.40 of  the  criminal  procedure  law,  and  to reduce the stigma associated with addiction.  (l)  The  office  of  alcoholism  and  substance  abuse  services,  in consultation with the  state  education  department,  shall  develop  or utilize   existing  educational  materials  to  be  provided  to  school districts and boards of cooperative  educational  services  for  use  in addition  to  or  in  conjunction  with  any  drug  and  alcohol related curriculum  regarding  the  misuse  and  abuse  of   alcohol,   tobacco, prescription  medication  and  other  drugs  with  an increased focus on substances that are most prevalent among school aged youth as such  term is  defined  in  section  eight  hundred four of the education law. Such materials shall be age appropriate for school age children, and  to  the extent  practicable,  shall include information or resources for parents to identify the warning signs and address the risks of substance abuse.  (m) (1) The  office  shall  report  on  the  status  and  outcomes  of initiatives created in response to the heroin and opioid epidemic to the temporary  president  of  the  senate,  the speaker of the assembly, the chairs of the assembly and senate  committees  on  alcoholism  and  drug abuse,  the chair of the assembly ways and means committee and the chair of the senate finance committee.  (2)  Such  reports  shall  include,  to  the  extent  practicable  and applicable, information on:  (i)  The  number  of  individuals  enrolled  in  the initiative in the preceding quarter;  (ii) The number of individuals who completed the treatment program  in the preceding quarter;  (iii)  The number of individuals discharged from the treatment program in the preceding quarter;  (iv) The age and sex of the individuals served;  (v) Relevant regional data about the individuals;  (vi) The populations served; and  (vii) The outcomes and effectiveness of each initiative surveyed.  (3)  Such  initiatives shall include opioid treatment programs, crisis detoxification programs,  24/7  open  access  centers,  adolescent  club houses, family navigator programs, peer engagement specialists, recovery community  and outreach centers, regional addiction resource centers and the state implementation of the federal opioid state  targeted  response initiatives.  (4)  Such  information shall be provided quarterly, beginning no later than July first, two thousand nineteen.  (n) The office in consultation with the office of mental  health,  the department  of health, the division of housing and community renewal and any other agency that may oversee  an  appropriate  program  or  service shall   monitor  and  ensure  funds  appropriated  pursuant  to  section ninety-nine-nn of the state finance law are expended  for  services  and programs in accordance with such section.