New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 830 - Acupuncture Therapy In Alcoholism And Substance Abuse Treatment Facilities › Section 830.6 - Lesbian, Gay, Bisexual, Transgender, Queer and Questioning Program Endorsement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Intent.
				All OASAS providers must meet minimum requirements for the provision of
				culturally competent and appropriate services for Lesbian, Gay, Bisexual,
				Transgender, Queer and Questioning (LGBTQ) patients or clients in accordance
				with state and federal law, this Title, Local Services Bulletins, Standards and
				guidance issued by the Office. This program endorsement identifies additional
				criteria programs must meet as outlined in the LGBTQ Affirming Program
				Endorsement Standards for OASAS-Certified Programs (hereafter the LGBTQ
				Standards), as incorporated in this Title, for the provision of LGBTQ
				affirming addiction treatment services.
(b) Application. Requests for the LGBTQ
				Program Endorsement shall be in the form of a written application, to include a
				program self-assessment and attestation found in the LGBTQ Standards posted on
				the agency website, and submitted by a certified program to the Office Bureau
				of Certification and the appropriate Regional Office serving the area in which
				the applicant is located. Office staff may make an on-site visit to the program
				prior to issuing the Program Endorsement Designation.
(c) Approval. Office approval and operating
				certificate designation will be based on submission of the attestation and the
				program self-assessment as well as any additional documentation requested by
				the Office and as set forth by the Office in this Part and the applicable
				Standards and guidance.
(d)
				Certification. Programs receiving the endorsement remain subject to all
				applicable rules and regulations pertaining to the Part under which they are
				certified.
(e) Program
				Self-Assessment. Programs seeking the LGBTQ Program Endorsement designation
				shall develop and implement policies and procedures consistent with the LGBTQ
				Standards set forth by the Office, including but not limited to:
(1) Physical environment. The program shall
				cultivate a welcoming and affirming physical environment for LGBTQ patients,
				staff, and family members.
(2)
				Program staff. The program shall establish an inclusive, non-discriminatory
				workplace environment for LGBTQ employees and actively recruit LGBTQ staff.
(i) At least one staff person identified as
				the LGBTQ Liaison is tasked with monitoring compliance with all required staff
				training and maintaining a resource directory and creating referral
				relationships with LGBTQ affirming providers.
(ii) All program staff shall receive training
				as identified in the Standards.
(iii) Non-discrimination. Providers shall
				have policies addressing non-discrimination and encouraging diversity, in
				hiring and compensation and benefits.
(3) Patient Rights. The program shall
				implement policies prohibiting discrimination in the delivery of services to
				LGBTQ patients and their families. Agency Patient Rights will reflect LGBTQ
				affirming policies and shall be linguistically appropriate.
(4) Service Provision. Staff and patient
				interaction shall be inclusive, affirming, and meet the needs of LGBTQ patients
				of all ages and their families, as indicated by:
(i) use of culturally appropriate and
				affirming language;
(ii) all forms
				and electronic health record (EHR) use inclusive language and provide for
				optional selfidentification related to, at a minimum, name, gender marker,
				pronoun(s), sexual orientation, gender identity or expression, legal and
				correct name and partnership/marital status;
(iii) availability of referrals for LGBTQ
				patients and their families to providers within and outside of the
				agency.
(5) Patient
				interaction. The program shall address and identify staff responsibilities in
				creating a welcoming atmosphere and responding to negative patient
				interactions, including opportunities for addressing harassment among
				patients.
(6) Confidentiality. The
				program shall ensure the confidentiality of all patient data, including
				information about sexual orientation, gender identity or expression, gender
				pronoun information, legal name and any other identifying
				information.