2023 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 addiction  services  and  supports  shall  have  the
responsibility  for  seeing that persons who suffer from a substance use
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,
including that patients have the right to access services based on their
gender  identity,  gender  expression and/or sexual orientation. For the
purposes of this subdivision, gender identity or gender expression means
a person's actual or  perceived  gender  related  identity,  appearance,
behavior,  expression, or other gender related characteristic regardless
of the sex assigned to that person at birth.
(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. 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.
(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.
* NB There are 2 sb (n)'s
* (n) The office of addiction services and supports,  in  consultation
with   the  commissioner  of  health,  shall  provide  and  publish,  in
electronic  or  other  format,  training  materials  for   health   care
providers,  as  defined  by  subdivision  six  of  section  two  hundred
thirty-eight  of  the  public   health   law,   and   qualified   health
professionals,  recognized by the office to enable the implementation of
the screening, brief intervention, and  referral  to  treatment  program
(SBIRT).  Such  training  materials  shall include any and all materials
necessary  to  inform  health  care  providers  and   qualified   health
professionals  of  the  method  for administering the SBIRT program to a
patient in the  care  of  health  care  providers  or  qualified  health
professionals. Such training materials shall be made available to health
care  providers  and qualified health professionals through the official
websites of the office and the department of health  and  by  any  other
means deemed appropriate by the commissioner.
* NB There are 2 sb (n)'s