reglab/statecodes huggingface dataset:
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 16 - Regulation and Quality of Services › 16.23 - Family Care Homes.

§ 16.23 Family care homes.
(a) Family care homes shall be subject to visitation and inspection of
the office.
(b)  Operation  of  a  family care home shall be in accordance with an
operating certificate issued pursuant to section 16.05 of this  article,
subject to the following additional requirements:
(1)  Operating certificates for family care homes shall be issued only
to natural persons, and corporations for  profit  shall  not  be  formed
under the business corporation law for any such purpose.
(2)  Except  as  provided  in  paragraph  three of this subdivision no
family care homes shall be  issued  an  operating  certificate  for  the
purpose of providing suitable care therein to more than six persons.
(3)  Any  provider  of  service providing family care to more than six
persons on July first, nineteen hundred seventy-five shall be issued  an
operating  certificate  for  a  family  care home effective April first,
nineteen hundred seventy-seven,  pursuant  to  the  provisions  of  this
section,  provided  that  such  person fulfills all requirements of this
section except for the number of persons in care, and that  such  person
agrees  to  provide family care to no more than ten persons on and after
April first, nineteen hundred seventy-seven.
(c) The commissioner shall promulgate  and  distribute  a  caretaker's
manual for the operation of family care homes.
(d) The office shall provide substitute caretakers to each family care
home  for  a  maximum  of  ten  days  per  year, either directly or as a
purchase of service.
(e) The commissioner shall  establish  a  procedure,  subject  to  the
approval  of  the  state  comptroller,  whereby  payments may be made to
operators of family care homes for one or more of the following needs of
clients residing in such  facilities,  limited  to  two  hundred  ninety
dollars  per  client  per  year  and  paid  semi-annually  in the manner
specified by such procedures:
(1) Replacement of necessary clothing;
(2) Personal requirements and incidental needs of clients;
(3) Recreational and cultural activities of clients. Such payments may
be made from monies appropriated to the office for  this  purpose.  Such
payments  shall  be  audited  by  the  office  pursuant to an audit plan
approved by the comptroller.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 16 - Regulation and Quality of Services › 16.31 - Monthly Personal Allowances.

§ 16.31 Monthly personal allowances.
(a)  All  persons  residing  in  facilities  for  which  an  operating
certificate is required pursuant to this article shall be entitled to an
exemption from income as a personal needs  allowance  in  the  following
amounts:
1.  For  persons  residing  in  family  care,  community residences or
schools  for  persons  with  developmental  disabilities,   the   amount
specified  in subdivision one of section one hundred thirty-one-o of the
social services law.
2. For persons residing in intermediate care facilities,  the  amounts
set  forth  in  subparagraph  ten  of  paragraph a of subdivision two of
section three hundred sixty-six of the social services law.
(b)  Any  person  residing  in  a  facility  for  which  an  operating
certificate  is  required pursuant to this article who has no income, or
who  has  otherwise  non-exempt  income  in  an  amount  less  that  the
appropriate amount pursuant to subdivision (a) of this section, shall be
eligible  for  a  state payment in an amount equal to subdivision (a) of
this section less  the  amount  of  the  person's  otherwise  non-exempt
income.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 16 - Regulation and Quality of Services › 16.33 - Review of Criminal History Information Concerning Certain Prospective Employees.

§ 16.33 Review   of  criminal  history  information  concerning  certain
prospective employees.
(a) Every provider of services who contracts with or  is  approved  or
otherwise  authorized  by  the  office to provide services, except (1) a
department facility, (2) a hospital as defined in  article  twenty-eight
of  the  public  health  law, or (3) a licensed professional under title
eight of the education law who does not have employees or volunteers who
will have regular and substantial unsupervised or unrestricted  physical
contact  with  the  clients  of such provider, and every applicant to be
such a provider of services except (i) a  department  facility,  (ii)  a
hospital as defined in article twenty-eight of the public health law, or
(iii) a licensed professional under title eight of the education law and
who  does  not  have  employees  or volunteers who will have regular and
substantial unsupervised  or  unrestricted  physical  contact  with  the
clients  of such provider, shall request that the justice center for the
protection of people with special needs check,  and  upon  such  request
such  justice  center  shall  request and shall be authorized to receive
from  the  division  of  criminal  justice  services  criminal   history
information,  as  such phrase is defined in paragraph (c) of subdivision
one  of  section  eight  hundred  forty-five-b  of  the  executive  law,
concerning  each (A) prospective operator, employee or volunteer of such
provider  who  will  have  regular  and  substantial   unsupervised   or
unrestricted  physical contact with the clients of such provider, or (B)
other person over the age of eighteen who is to reside in a family  care
home,  except  any  person receiving family care services, who will have
regular and substantial unsupervised or  unrestricted  physical  contact
with  the  clients  of  such  provider.  For  purposes  of this section,
"operator" shall include any natural person with an  ownership  interest
in the provider of services.
(b) Access to and the use of such information shall be governed by the
provisions of section eight hundred forty-five-b of the executive law.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 16 - Regulation and Quality of Services › 16.35 - Developmental Disabilities Services Quality Improvement Demonstration Program.

§ 16.35 Developmental    disabilities   services   quality   improvement
demonstration program.
(a) For purposes of this section "facility" means  any  not-for-profit
or  public  agency regulated by the office that provides services funded
in whole or in part by the state.
(b) Notwithstanding any law, rule or regulation to the  contrary,  the
commissioner  shall,  within  amounts  appropriated,  including  federal
financial participation if available, establish a demonstration  program
to improve the quality of care for facility clients through the increase
or  improvement  of direct care staff at such facilities. In furtherance
of  such  demonstration  program  for  facilities  selected  through   a
competitive  process,  rates  of  payment or state aid shall be adjusted
accordingly. Requests for  proposals  for  eligible  projects  shall  be
issued by the commissioner.
(c) Such eligible projects shall be designated by the commissioner and
may include:
(1) an increase in direct care staff, either facility wide or targeted
at a particular area of care or shift;
(2)  increased  training and education of direct care staff, including
allowing direct care staff to  increase  their  level  of  licensure  or
certification relevant to facility care;
(3) efforts to decrease staff turn-over through wage, employee benefit
improvements, or other means; and
(4)  other  efforts related to the recruitment and retention of direct
care staff that will effect the quality of care at such facility.
(d) The  commissioner  shall  consider,  in  selecting  projects,  the
likelihood  that such project will improve the care for the residents of
the facility, the financial need of the facility and such other  matters
as the commissioner deems appropriate.
(e) Adjustments to rates of payment or state aid made pursuant to this
section  shall  be subject to available appropriations and shall not, in
aggregate, exceed five  million  dollars  annually.  The  program  shall
commence   on   April  first,  two  thousand  seven  and  end  on  March
thirty-first, two thousand ten.
(f) On or before June thirtieth, two thousand  ten,  the  commissioner
shall  contract with an independent consultant to evaluate and report to
the  commissioner,  the  speaker  of  the  assembly  and  the  temporary
president of the senate on the impact that the demonstration project has
had  upon  direct  care  staff  recruitment,  retention  and  quality of
services provided.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 16 - Regulation and Quality of Services › 16.37 - Autism Spectrum Disorder Booklet; First Responders.

§ 16.37 Autism spectrum disorder booklet; first responders.
The  commissioner,  in  consultation  with  other  appropriate  agency
  representatives,  shall  prepare  for  publication  and  cause   to   be
  distributed  to  first  responders, including emergency medical services
  personnel,  firefighters  and  police  officers,  a  booklet  containing
  information  on  recognizing the behavioral symptoms and characteristics
  of children and adults with autism spectrum disorders. Such booklet also
  shall  contain  information  on  additional  resources  and  any   other
  information deemed necessary and appropriate by the commissioner.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.03 - Definitions.

§ 19.03 Definitions. As used in this title:
1. "Office"  means  the  office  of  alcoholism  and  substance  abuse
  services.
2. "Commissioner" means the commissioner of the office  of  alcoholism
  and substance abuse services.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.10 - Status of Facilities.

§ 19.10 Status of facilities.
A rehabilitation center, a medical examination facility, or such other
  facility  or facilities as may be established and operated by the office
  pursuant to the provisions of section 19.09 of  this  article  shall  be
  mental  hygiene  facilities  in  the  department  for the purpose of the
  facilities development corporation act.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.11 - Organization and Administration of the Office of Alcoholism and Substance Abuse Services and Its Facilities.

§ 19.11 Organization  and administration of the office of alcoholism and
substance abuse services and its facilities.
(a)  The  commissioner  shall  have  the  professional   jurisdiction,
supervision,  and  control  of  the office and all department facilities
which provide alcoholism services.
(b) The commissioner shall control the organization of the office  and
may  continue,  establish,  discontinue, expand, and contract facilities
under his or her jurisdiction. Units  and  facilities  shall  have  such
functions,  duties,  and  responsibilities as may be assigned to them by
the commissioner.
(c) The commissioner may, within amounts appropriated therefor,  lease
space  of facilities in which services for alcoholism treatment programs
are  provided.  This  authority  may  be  delegated  to  the  facilities
development corporation.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.13 - Local Services.

§ 19.13 Local services.
(a)  Local  services for persons who abuse or are dependent on alcohol
shall be planned, financed, and implemented in accordance  with  article
forty-one of this chapter.
(b)  Local  services  for  persons  who  abuse  or  are  dependent  on
substances shall be planned, financed,  and  implemented  in  accordance
with article twenty-five of this chapter.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.14 - Civil Actions Against Certain Officers and Employees of the Office.

§ 19.14 Civil  actions  against  certain  officers  and employees of the
office.
(a) No civil action shall be brought in any court of the state, except
by the attorney general on behalf of the state, against  an  officer  or
employee  of  the  office  who  is charged with the duty of securing the
custody of a person in need of care and treatment for alcoholism in  his
personal capacity for damages arising out of any act done or the failure
to  perform  any act within the scope of employment and in the discharge
of official duties by such officer or employee.
(b) Any claim for damages arising out of any act done or  the  failure
to  perform  any  act  within  the  scope  of  the employment and in the
discharge of the duties of such officer or employee shall be brought and
maintained in the court of claims as a claim against the state.
(c) The state shall  save  harmless  and  indemnify  such  officer  or
employee  from financial loss resulting from a claim filed in a court of
the United States for damages arising out of an act done or the  failure
to  perform  any act that was (1) within the scope of the employment and
in the discharge of the duties of such officer or employee, and (2)  was
not  in  violation  of  any  rule  or regulation of the office or of any
statute or governing case law of the state or of the  United  States  at
the time the alleged damages were allegedly sustained; provided that the
officer or employee shall comply with the provisions of subdivision four
of section seventeen of the public officers law.
(d)  (1)  The  provisions  of  this  section  shall supplement, and be
available in addition to, the provisions of  section  seventeen  of  the
public  officers  law  and, insofar as this section is inconsistent with
section seventeen of the public officers law,  the  provisions  of  this
section shall be controlling.
(2)  The  provisions of this section shall not be construed in any way
to impair, modify or abrogate any immunity available to any  officer  or
employee  of  the  officer  under the statutory or decisional law of the
state or the United States.
(e) This section shall not in any way  impair,  limit  or  modify  the
rights and obligations of any insurer under any policy of insurance.
(f)  The  benefits of subdivision (c) shall inure only to the officers
and employees of the office and shall not enlarge or diminish the rights
of any other party.
(g) This section shall apply with respect  to  claims  arising  on  or
after  the  effective date of this section. Claims arising prior thereto
shall be governed by section seventeen of the public officers law.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.16 - Methadone Registry.

§ 19.16 Methadone Registry.
The  office  shall  establish and maintain, either directly or through
  contract,  a  central  registry  for  purposes  of  preventing  multiple
  enrollment,  ensuring accurate dosage delivery and facilitating disaster
  management in methadone programs. The office shall require all methadone
  programs to utilize such registry and shall have  the  power  to  assess
  methadone programs such fees as are necessary and appropriate.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.18-B - Certified Peer Recovery Advocate Services Program.

§ 19.18-b Certified peer recovery advocate services program.
1.  For purposes of this subdivision "certified peer recovery advocate
services" means participant-centered services that  emphasize  knowledge
and  wisdom  through  lived  experience in which peers are encouraged to
share  their  own  personal  experience  and  first-hand  knowledge   of
substance  abuse,  addiction, and recovery to support the recovery goals
of individuals who use drugs and/or alcohol.
2. The commissioner  shall  develop  and  administer  a  certification
process  and  standards  of  training  and competency for certified peer
recovery advocate services.
3. Certified peer recovery advocate services may include  but  not  be
limited to:
(a) developing recovery plans;
(b) raising awareness of existing social and other support services;
(c) modeling coping skills;
(d) assisting with applying for benefits;
(e) accompanying clients to medical appointments;
(f) providing non-clinical crisis support, especially after periods of
hospitalization or incarceration;
(g) accompanying clients to court appearances and other appointments;
(h) working with participants to identify strengths;
(i)  linking  participants to formal recovery supports, including, but
not limited to, medication assisted treatment;
(j) educating program participants about various  modes  of  recovery,
including, but not limited to, medication assisted treatment;
(k)  peer  engagement coordination with hospital emergency services to
assist any patient that has been administered an opioid antagonist by  a
medical  provider  to establish connections to treatment, including, but
not limited to, medication assisted treatment and other  supports  after
an  opioid  overdose  reversal or after discharge from another substance
abuse related emergency department visit; and
(l) peer engagement coordination  with  law  enforcement  departments,
fire  departments  and  other  first responder departments to assist any
individual that has been administered an opioid antagonist  by  a  first
responder  to  establish  connections  to  treatment, including, but not
limited to, medication assisted treatment  and  other  support  services
after an opioid overdose reversal.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.19 - Personnel of the Office.

§ 19.19 Personnel of the office.
(a)  The commissioner shall, within the amounts appropriated therefor,
appoint and remove in accordance with law and applicable  rules  of  the
state  civil  service  commission,  such  officers  and employees of the
office of alcoholism and substance abuse services, and facility officers
and employees as are necessary for efficient administration.
(b) The director of a facility or institute in the office  shall  have
professional  qualifications  and  experience  to  be  prescribed by the
commissioner.
(c) The use of volunteers by the office  shall  be  encouraged.    The
commissioner may establish regulations governing such volunteer services
for functions of the office.
(d)  Where, and to the extent that, an agreement between the state and
an employee organization entered into pursuant to  article  fourteen  of
the  civil  service  law  so provides, the commissioner is authorized to
implement the  provisions  of  such  agreement  relating  to  discipline
consistent with the terms thereof.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.23 - Education and Training.

§ 19.23 Education and training.
(a)  The  commissioner shall have the power to establish such programs
of training and education related to alcoholism,  substance  abuse,  and
chemical dependence as the commissioner shall deem desirable.
(b)  The  commissioner may grant leaves of absence to employees of the
office for the purpose of  receiving  training  and  education  for  the
better  performance  of  their  duties  and,  with  the  approval of the
director of the budget, may continue the salaries of such employees,  in
full  or  in part, in an amount not to exceed reimbursement for the loss
of earnings while receiving such training.
(c) The office  shall  encourage  and  provide,  either  alone  or  in
conjunction   with   other   public   or   private   agencies  including
universities, medical schools, and colleges, education and training  for
medical students, physicians, nurses, social workers, counselors, clinic
or  ward attendants, and others involved in public or private prevention
and treatment programs for persons who abuse or are dependent on alcohol
and/or substances and their families.
(d) The office shall sponsor necessary  conferences  and  professional
educational  programs  relating to alcoholic, alcohol abusing, substance
abusing, substance dependent, and chemically dependent persons and their
families.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.25 - Alcohol Awareness Program.

§ 19.25 Alcohol awareness program.
(a) The office shall establish an alcohol awareness program within the
office which shall focus upon, but not be limited to, the health effects
and social costs of alcoholism and alcohol abuse.
(b) The form, content and method of presentation of various aspects of
such  program shall be developed by the commissioner, provided that such
program shall not exceed two hours per week over a period not to  exceed
eight weeks.
(c)  The commissioner shall establish a schedule of fees to be paid by
each participant and may, from time to time, modify same. Such fees  may
be  waived,  reduced or otherwise adjusted by the court upon application
for resentence in accordance with the provisions  of  paragraph  (a)  of
subdivision  five  of  section 420.10 of the criminal procedure law. For
the purposes of this section the term "fee" shall also mean "payment" as
referred to in paragraph (a) of subdivision five of  section  420.10  of
the criminal procedure law. Such fees shall not exceed amounts necessary
to  pay  the  ongoing  expenses  of the program. Provided, however, that
pursuant to an agreement with the office, a municipality,  a  department
or  part thereof, or other not-for-profit corporation may conduct such a
course in such program with all or part of the expense  of  such  course
being  borne by such municipality, department, or part thereof, or other
not-for-profit corporation. Ten percent of all fees  received  for  such
courses  shall be paid to the office for administrative costs of program
implementation.
(d) A certificate of completion shall be sent  to  the  court  by  the
office upon completion of the program by all participants.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.27 - Methamphetamine Awareness and Education Program.

§ 19.27 Methamphetamine awareness and education program.
The  office  shall  serve  as  the  principle source for the statewide
  dissemination of  information  on  methamphetamines.  The  office  shall
  establish  a  methamphetamine awareness and education program that shall
  include but not be limited to providing information about the dangers of
  methamphetamine  production  and  use  and  how  to   report   suspected
  methamphetamine  laboratories.  Such information shall be made available
  to the following individuals and groups: chemical dependence  prevention
  programs;   child   protective   services;   social  services;  schools;
  community-based organizations; chemical dependence  treatment  programs;
  health  care  providers; emergency services personnel (including police,
  fire  fighters  and  ambulance  personnel);  and   other   entities   or
  individuals deemed appropriate by the office.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.28 - Receipt and Disbursement of Federal Funds.

§ 19.28 Receipt and disbursement of federal funds.
(a) The commissioner may receive, use, or distribute federal financial
or technical assistance to support construction of facilities, research,
staffing,  or  other  programs  or  activities for alcoholism, substance
abuse, or  chemical  dependence  services,  appropriated  under  federal
legislation  or  regulations  or  under  other  federal  legislation  or
regulations which provide assistance to the mentally disabled, including
but  not  limited  to  vocational  rehabilitation  programs,  alcoholism
programs,   substance  abuse  programs,  poverty  programs,  or  special
programs for children or the aged.
(b) The commissioner may promulgate rules and regulations relating  to
the commissioner's powers and duties to implement any provision of state
or  federal  law  involving  the receipt, use or disbursement of federal
financial or technical assistance.
(c) The department of taxation and finance shall be the  custodian  of
federal  financial  assistance granted or allocated to the office by the
United States. These funds shall be paid out on the audit and warrant of
the comptroller on the certificate of the commissioner, or  his  or  her
authorized representative.
(d)  Subject  to  the  rules  and regulations of the commissioner, any
funds made available to the office by the United States  or  by  another
state agency as a federal allotment to be administered by the office may
be  disbursed  by  it to a local government, voluntary nonprofit agency,
educational agency, or other entity properly authorized to receive funds
in  fulfillment  of  the  purposes  of  appropriate  federal  or   state
legislation  for  the provision of services, construction of facilities,
research, staffing, training or related programs or activities.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.29 - Gifts.

§ 19.29 Gifts.
(a)  The  commissioner,  on  behalf  of the state and if in the public
interest, shall accept, hold in trust, administer,  apply,  execute,  or
use  gifts,  devises, bequests, grants, powers, or trusts of personal or
real property made to the state, the office of alcoholism and  substance
abuse  services,  a facility within the office, the commissioner, or the
directors of facilities which are to be used or may be used for purposes
of the office of alcoholism and substance abuse services, including  but
not  limited  to,  the  maintenance,  support, or benefit of one or more
patients in a facility.
(b) The commissioner, in carrying out the  provisions  of  subdivision
(a)  of this section, may create or provide separate and distinct funds,
investments,  and  deposits  and  regulate  their  use,  transfer,   and
withdrawal.  He  or  she  may  dispose  of  a  power  or  trust upon its
expiration and according to its terms.
(c) Subdivisions (a) and (b) of this section apply to gifts,  devises,
bequests,  grants,  powers,  or trusts given to, received, or applied by
the state, the commissioner, the  office  of  alcoholism  and  substance
abuse services, or facilities thereof and predecessor officers, agencies
or  facilities  prior  to as well as subsequent to the enactment of this
section.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.31 - Medication Assisted Treatment Training Requirement.

§ 19.31 Medication assisted treatment training requirement.
Every  person  who  is  a  credentialed alcoholism and substance abuse
  counselor pursuant to subdivision (d) of section 19.07 of  this  article
  who  provides  treatment  or  counseling  services  at  a  substance use
  disorder facility, shall, within eighteen months of the  effective  date
  of  this  section  or within one year of commencing the provision of any
  such treatment or counseling, whichever  shall  be  later,  successfully
  complete  a  course  of  instruction  relating  to  medication  assisted
  treatment approved by the office.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.35 - Actions Against Persons Rendering Professional Services at the Request of the Office; Defense and Indemnification.

§ 19.35 Actions  against  persons rendering professional services at the
request of the office; defense and indemnification.
The provisions of section seventeen of the public officers  law  shall
  apply  to  any  physician,  psychologist,  nurse,  optometrist, licensed
  master social worker, or licensed clinical social  worker,  licensed  to
  practice  pursuant  to  the education law, who is rendering professional
  treatment authorized under such license at the request of the office  or
  an   office   facility   to  patients  receiving  care  or  professional
  consultation  from  the  office  while   rendering   such   professional
  treatment.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.40 - Provision of Chemical Dependence Services.

§ 19.40 Provision of chemical dependence services.
(a)  Notwithstanding any other provision of law, the office shall have
the authority to issue a single operating certificate for the  provision
of  chemical  dependence  services  to  providers  of  alcoholism and/or
substance abuse services previously certified or  licensed  pursuant  to
articles  twenty-three  and/or  thirty-one  of  this chapter and who are
deemed by the commissioner to meet applicable  requirements  of  article
thirty-two   of  this  chapter  and  operating  regulations  promulgated
thereunder. The commissioner shall  have  the  authority  to  waive  any
requirements  deemed  to  be duplicative or unnecessary to implement the
provisions of this subdivision.
(b) Certificates of approval  and  operating  certificates  previously
issued  under  article  twenty-three  and/or  thirty-one of this chapter
shall remain in full force  and  effect  until  they  are  converted  to
operating certificates for the provision of chemical dependence services
pursuant  to  this  chapter. Conversion shall occur upon promulgation of
applicable   chemical   dependence   operating   regulations   by    the
commissioner,  taking into consideration time which is reasonably needed
by providers of services to come into compliance  with  such  applicable
regulations.
(c)  All  providers  of  chemical dependence services issued operating
certificates pursuant to this section shall be subject to all provisions
of this chapter applicable to providers of alcoholism  services  and  to
all  provisions  of  this  chapter  applicable to providers of substance
abuse services.
(d) Providers of chemical dependence services not previously certified
or licensed pursuant to articles twenty-three and/or thirty-one of  this
chapter  shall  be certified for the provision of such services pursuant
to article thirty-two of this chapter.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.42 - Medical Advisory Panel.

§ 19.42 Medical advisory panel.
There is hereby created within the office, a medical advisory panel.
(a)  The  panel  shall  consist  of  such  officers and members as are
appointed by, and who serve at the pleasure of the commissioner. Members
shall include physicians  and  other  medical,  health  services  and/or
scientific professionals as are deemed appropriate by the commissioner.
(b) The panel shall advise the commissioner on medical issues relevant
to alcoholism and/or substance abuse.
(c)  The  panel shall meet with such frequency as may be determined by
the panel or the commissioner.
(d) The panel may establish such committees as it deems necessary.
(e) The panel may establish written bylaws.
(f) The commissioner, upon request of the panel,  shall  designate  an
employee of the office to provide support services to the panel, and may
assign from time to time such other employees as the panel may request.
(g) The officers or members of the panel shall receive no compensation
for  their  services  but  shall be reimbursed for expenses actually and
necessarily incurred in the performance of their duties.
(h) No civil action shall be brought in any court against any  officer
or  member of the medical advisory panel of the office for any act done,
failure to act, or statement or opinion made, while discharging  his  or
her  duties  as  an officer or member of the panel, without leave from a
justice of the supreme court, first had and obtained. In any event  such
officer  or member shall not be liable for damages in any such action if
he or she shall have acted in good faith, with reasonable care and  upon
probable  cause.  Officers  and members of the panel shall be considered
public officers for the purposes of  section  seventeen  of  the  public
officers law.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.43 - Retaliatory Personnel Actions.

§ 19.43 Retaliatory personnel actions.
Employees  of  facilities,  programs and providers operated, licensed,
  certified, authorized or funded by the office shall have protection from
  retaliatory action from employers as  provided  for  in  sections  seven
  hundred forty and seven hundred forty-one of the labor law.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 19 - Office of Alcoholism and Substance Abuse › 19.45 - Substance Use Disorder Education and Recovery Grants.

* § 19.45 Substance use disorder education and recovery grants.
(a)  The  office  shall develop and implement a program which provides
grants to organizations engaged in activities  which  are  dedicated  to
providing   education,   prevention,  treatment  or  recovery  to  those
suffering from substance use disorders.
(b) On or before the first  day  of  February  each  year,  the  state
comptroller  shall  certify  to the governor, temporary president of the
senate, speaker of the assembly, chair of the senate  finance  committee
and  chair of the assembly ways and means committee, the amount of money
deposited in the substance use disorder  education  and  recovery  fund,
established  pursuant to section eighty-nine-j of the state finance law,
during the preceding calendar year as  the  result  of  revenue  derived
pursuant to section six hundred twenty-nine-b of the tax law.
(c) On or before the first day of February each year, the commissioner
of addiction services and supports shall provide a written report to the
temporary president of the senate, speaker of the assembly, chair of the
senate   finance  committee,  chair  of  the  assembly  ways  and  means
committee,  chair  of  the  senate  committee  on  mental   health   and
developmental  disabilities,  and  chair  of  the assembly mental health
committee. Such report shall include how the monies of the substance use
disorder education and recovery fund were utilized during the proceeding
calendar year and shall include:
(1) the amount of money dispersed from the fund;
(2) recipients of awards from the fund;
(3) the amount awarded to each recipient; and
(4) the purposes for which such awards were granted.
* NB There are 2 § 19.45's
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 22 - Chemical Dependence Programs, Treatment Facilities, and Services › 22.01 - Admission to Chemical Dependence Programs, Treatment Facilities and Services.

§  22.01 Admission to chemical dependence programs, treatment facilities
  and services.
Unless otherwise  specifically  provided  for  by  statute,  a  person
  suffering  from  chemical  abuse  or  dependence  shall be admitted to a
  chemical dependence program, service, or treatment facility pursuant  to
  the  provisions  of this article. For purposes of this article, the term
  "chemical dependence programs, treatment facilities and services"  shall
  mean  and  include alcoholism and/or substance abuse programs, treatment
  facilities, and services.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 22 - Chemical Dependence Programs, Treatment Facilities, and Services › 22.03 - Patient Rights; Notice to All Patients of Their Rights.

§ 22.03 Patient rights; notice to all patients of their rights.
(a)  Notwithstanding  any  other  provision  of  law including but not
limited to the election law, no person's rights  as  a  citizen  of  the
United States or of the state of New York shall be forfeited or abridged
because  of such person's participation in chemical dependence programs,
treatment facilities or services. Such participation shall  include  but
is  not  limited to the certification as substance dependent of a person
to the  care  and  custody  of  the  office  under  previously  existing
provisions  of  law.  The  fact,  proceedings, application, or treatment
relating to a person's participation in  chemical  dependence  programs,
treatment  facilities, or services shall not be used against such person
in any action or proceeding in any court.
(b) Immediately upon the  admission  of  any  patient  to  a  chemical
dependence program, service, or treatment facility, the director of such
program,  service, or facility, or his or her designee, shall inform the
patient in writing of his or her status, including the section  of  this
chapter  under  which  he  or  she is admitted, and of his or her rights
under this article.
(c) The director of every chemical  dependence  program,  service,  or
treatment facility shall post copies of a notice in a form and manner to
be  determined by the commissioner, at places throughout the facility or
program where such notice  shall  be  conspicuous  and  visible  to  all
patients, stating the following:
1.  a  general  statement  of the rights of patients under the various
admission or retention provisions of this article; and
2. the right of the patient to  communicate  with  the  director,  the
board of visitors, if any, and the commissioner.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 22 - Chemical Dependence Programs, Treatment Facilities, and Services › 22.05 - Patient's Records.

§ 22.05 Patient's records.
(a)  After  the  admission  of any patient, the director of a chemical
dependence  program  or  treatment  facility  shall,  within  five  days
excluding  Sunday  and  holidays, forward to the office such information
from the record in such  time  and  manner  as  the  commissioner  shall
require  by  regulation.  Such information from the record in the office
shall be accessible only in the manner set forth in sections  33.13  and
33.16 of this chapter.
(b)  All  records  of  identity, diagnosis, prognosis, or treatment in
connection with a person's receipt of chemical dependence services shall
be confidential and shall be released only in accordance with applicable
provisions of the public health law, any other state  law,  federal  law
and duly executed court orders.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 22 - Chemical Dependence Programs, Treatment Facilities, and Services › 22.07 - Informal Admission.

§ 22.07 Informal admission.
For  purposes of this chapter, the director of any chemical dependence
program or treatment facility may  receive  therein  as  a  patient  any
person  found  by such director to be suitable for, and in need of, such
care and treatment and requesting admission thereto,  provided  however,
that   nothing   in   this  section  shall  be  construed  to  guarantee
reimbursement for such treatment.
(a) Such person may be admitted as a patient without making formal  or
written  application  therefor,  and any such person shall be discharged
from such program or facility upon his or her request at any time  after
admission,  provided,  however, that such action may have other legal or
fiscal consequences pursuant  to  other  state  and  federal  laws,  and
provided  further  that  minors  shall  be  admitted  and  discharged in
accordance with section 22.11 of this article.
(b) Participation in chemical dependence treatment is  voluntary.  The
office  or  any  chemical dependence program or treatment facility shall
not force or otherwise coerce any person to participate in such  program
or  treatment,  provided  however that receipt of emergency services for
incapacitated persons shall be governed in accordance with section 22.09
of this article, and provided further, a person's  failure  to  complete
treatment required by judicial mandate may have legal consequences under
the terms of such mandate.
(c)  The  commissioner shall promulgate rules and regulations and take
any other necessary action to insure that the rights of individuals  who
have   received  or  are  receiving  chemical  dependence  services  are
protected.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 25 - Funding for Services of the Office of Alcoholism and Substance Abuse Services › 25.01 - Definitions.

§ 25.01 Definitions.
(a) As used herein:
1. "Local  governmental  unit"  shall  have  the  same meaning as that
contained in article forty-one of this chapter.
2. "Operating expenses" shall mean expenditures approved by the office
and incurred for the maintenance and operation of substance use disorder
and/or compulsive  gambling  programs,  including  but  not  limited  to
expenditures  for  treatment, administration, personnel, and contractual
services. Operating expenses do  not  include  capital  costs  and  debt
service  unless  such  expenses  are  related  to the rent, financing or
refinancing of the design,  construction,  acquisition,  reconstruction,
rehabilitation  or  improvement  of  a  substance  use  disorder  and/or
compulsive gambling program facility  pursuant  to  the  mental  hygiene
facilities  finance program through the dormitory authority of the state
of  New  York  (DASNY;   successor   to   the   Facilities   Development
Corporation), or otherwise approved by the office.
3. "Debt  service"  shall mean amounts, subject to the approval of the
office, required to be paid to amortize obligations including  principal
and interest, assumed by or on behalf of a voluntary agency or a program
operated by a local governmental unit.
4. "Capital  costs"  shall  mean  the costs of a program operated by a
local governmental unit or  a  voluntary  agency  with  respect  to  the
acquisition   of  real  property  estates,  interests,  and  cooperative
interests  in  realty,  their  design,   construction,   reconstruction,
rehabilitation and improvement, original furnishings and equipment, site
development, and appurtenances of a facility.
5.   "State   aid"  shall  mean  financial  support  provided  through
appropriations of the office to support the provision of  substance  use
disorder  treatment, compulsive gambling, prevention or other authorized
services, with the  exclusion  of  appropriations  for  the  purpose  of
medical assistance.
6.  "Voluntary  agency  contributions"  shall  mean revenue sources of
voluntary agencies exclusive of state aid and local tax levy.
7. "Approved net operating cost" shall mean  the  remainder  of  total
operating  expenses approved by the office, less all sources of revenue,
including voluntary agency contributions and local tax  levy;  provided,
however,  that  any federal paycheck protection program loan forgiveness
funding, or other extraordinary federal funding provided in response  to
the  COVID-19  pandemic,  as  determined  by  the  office,  shall not be
considered a source of revenue.
8. "Voluntary agency" shall mean a corporation organized  or  existing
pursuant  to  the  not-for-profit  corporation  law  for  the purpose of
providing  substance  use  disorder,  treatment,  compulsive   gambling,
prevention or other authorized services.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 25 - Funding for Services of the Office of Alcoholism and Substance Abuse Services › 25.03 - Financial Support and Disbursement of Funds.

§ 25.03 Financial support and disbursement of funds.
(a)  In  accordance  with  the  provisions of this article, and within
appropriations made available, the office may provide  state  aid  to  a
program  operated by a local governmental unit or voluntary agency up to
one hundred per centum of the  approved  net  operating  costs  of  such
program  operated  by a local governmental unit or voluntary agency, and
state aid may  also  be  granted  to  a  program  operated  by  a  local
governmental  unit  or  a  voluntary agency for capital costs associated
with the provision of services at a rate of up to one hundred percent of
approved capital costs. Such state aid shall not be granted  unless  and
until  such  program  operated by a local governmental unit or voluntary
agency  is  in  compliance  with  all  regulations  promulgated  by  the
commissioner regarding the financing of capital projects. Such state aid
for  approved  net  operating  costs  shall  be made available by way of
advance or reimbursement, through either contracts entered into  between
the  office  and  such voluntary agency or by distribution of such state
aid to local governmental units through  a  grant  process  pursuant  to
section 25.11 of this article.
(b)  Financial  support by the office shall be subject to the approval
of the director of the budget and within available appropriations.
(c) All federal financial  assistance  granted  or  allocated  to  the
office  by  the  United  States  shall only be paid out on the audit and
warrant of the comptroller on the certificate of the commissioner or his
authorized representative.
(d) Nothing in this section shall be construed to require the state to
increase such state aid should  a  local  governmental  unit  choose  to
remove  any portion of its local tax levy support of voluntary agencies,
although the state may choose to do so to address an urgent public need,
or conversely, may choose to  reduce  its  state  aid  up  to  the  same
percentage as the reduction in local tax levy.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 25 - Funding for Services of the Office of Alcoholism and Substance Abuse Services › 25.05 - Reimbursement From Other Sources.

§ 25.05 Reimbursement from other sources.
The  office shall not provide a voluntary agency or a program operated
  by a local governmental unit  with  financial  support  for  obligations
  incurred  by  or  on  behalf of such program or agency for substance use
  disorder and/or compulsive gambling services for which reimbursement  is
  or  may  be  claimed under any provision of law other than this article,
  unless such financial support  was  provided  as  part  of  any  federal
  paycheck   protection   program   loan  forgiveness  funding,  or  other
  extraordinary federal funding  provided  in  response  to  the  COVID-19
  pandemic, as determined by the office.
2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 25 - Funding for Services of the Office of Alcoholism and Substance Abuse Services › 25.07 - Non-Substitution.

§ 25.07 Non-substitution.
A  voluntary agency or a program operated by a local governmental unit
  shall not substitute state monies for cash  contributions,  federal  aid
  otherwise  committed  to  or intended for use in such program or by such
  agency, revenues derived from the operation of such program  or  agency,
  or the other resources available for use in the operation of the program
  or agency.