New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services › Section 810.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 19.07 (c)  of the Mental
				Hygiene Law (MHL) charges the Office with the responsibility for ensuring that
				persons in need of addiction services, care and treatment receive services of
				high quality and effectiveness and that the personal and civil rights of
				persons seeking and receiving such services are adequately protected.
(b) Section
				19.07(e) of the
				MHL authorizes the Commissioner to adopt standards including necessary rules
				and regulations pertaining to addiction treatment services.
(c) Section
				19.09(b) of the
				MHL authorizes the Commissioner to adopt regulations necessary and proper to
				implement any matter under their jurisdiction.
(d) Section
				19.20 of the MHL requires review
				of criminal history information review concerning certain prospective employees
				and volunteers of providers of services certified, operated or otherwise
				authorized by the office.
(e)
				Section 19.20 -a of the MHL authorizes the
				Office to receive criminal history information from the Division of Criminal
				Justice Services related to persons seeking to be credentialed or applicants
				for an operating certificate issued by the office that will have regular and
				substantial unsupervised or unrestricted contact with
				patients/clients.
(f) Section
				19.21(b) of the
				MHL requires the Commissioner to establish and enforce regulations concerning
				the licensing, certification, inspection and treatment standards of addiction
				treatment services.
(g) Section
				19.21(d) of the
				MHL requires the office to establish reasonable performance standards for
				providers of services certified by the Office.
(h) Section
				19.40 of the MHL authorizes the
				Commissioner to issue operating certificates for the provision of addiction
				treatment services, including the authority to waiver regulatory
				requirements.
(i) Section 32.01  of
				the Mental Hygiene Law authorizes the Commissioner to adopt any regulation
				reasonably necessary to implement and effectively exercise the powers and
				perform the duties conferred by Article 32 of the Mental Hygiene Law.
(j) Section
				32.05 of the MHL provides that no
				substance use disorder services may be established without an Operating
				Certificate issued by the commissioner.
(k) Section
				32.07(a) of the
				MHL authorizes the Commissioner to adopt regulations to effectuate the
				provisions and purposes of article 32 of the MHL.
(l) Section
				32.09 of the MHL contains criteria
				that the Commissioner must consider when issuing an operating
				certificate.
(m) Section
				32.21 of the MHL provides the
				Commissioner with the authority to suspend, revoke or limit operating
				certificates and imposition of fines.
(n) Section
				32.29 of the MHL authorizes the
				Commissioner to approve the construction of a facility for which an operating
				certificate will be issued.
(o)
				Section 32.31 of the MHL provides the
				process for the establishment or incorporation of facilities for addiction
				services.
(p) Section 406  of
				the Business Corporation Law requires any corporation which intends to
				establish or operate a program of services for addiction services to obtain the
				approval of the Commissioner as to the proposed filing of its certificate of
				incorporation.
(q) Section 404 (u)  of the
				Not-For-Profit Corporation Law gives the Commissioner the responsibility of
				approving the certificate of incorporation of any corporation which intends to
				establish or operate an addiction program Certified by the Office.
(r) The Protection of People with Special
				Needs Act (Chapter 501 of the Laws of 2012) establishes the Justice Center for
				the Protection of People with Special Needs (Justice Center) and requires
				criminal information history reviews of all applicants for authorization to
				operate a program of services for addiction; and of all employees, contractors,
				or volunteers of such certified program who will have the potential for, or may
				be permitted, regular and substantial unsupervised or unrestricted physical
				contact with the patients or clients of such programs.