New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 822 - General Service Standards for Substance Use Disorder Outpatient Programs › Section 822.2 - 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 to
				ensure that persons who have a substance use disorder and their families are
				provided with care and treatment that is effective and of high
				quality.
(b) Section 19.07(e) of
				the MHL authorizes the commissioner to adopt standards including necessary
				rules and regulations pertaining to substance use disorder 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 19.16 of the MHL requires the
				commissioner to establish and maintain, either directly or through contract, a
				central registry for purposes of preventing multiple enrollments in opioid
				treatment programs and provides medication dosage information during an
				emergency, when displaced patients may seek such treatment from an alternate
				program.
(e) Section 19.21(b) of
				the MHL requires the commissioner to establish and enforce regulations
				concerning the licensing, certification, and inspection of substance use
				disorder treatment services.
(f)
				Section 19.21(d) of the MHL requires the Office to establish reasonable
				performance standards for providers of services certified by the
				Office.
(g) Section 19.40 of the
				MHL authorizes the commissioner to issue operating certificates for the
				provision of substance use disorder treatment services.
(h) Section 22.07 (c)  of the Mental Hygiene
				Law authorizes the commissioner to promulgate rules and regulations to ensure
				that the rights of individuals who have received, and are receiving, substance
				use disorder services are protected.
(i) Section 32.01 of the MHL 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 MHL.
(j) Section 32.05(b) of the MHL provides
				that a controlled substance designated by the commissioner of the New York
				State Department of Health (DOH) as appropriate for such use may be used by a
				prescribing professional to treat an individual with a substance use disorder
				pursuant to section 32.09(b) of the MHL.
(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(b) of
				the MHL provides that the commissioner may, once a controlled substance is
				approved by the commissioner of DOH as appropriate for such use, authorize the
				use of such controlled substance in treating an individual with a substance use
				disorder.
(m) Section 220.78  of the
				Penal Law affords limited protections from prosecution for persons seeking
				medical attention for accidental overdose.
(n) Section 3309  of the Public Health Law authorizes the DOH to
				establish standards for approval of any opioid overdose prevention
				program.
(o) Section 2781  of the
				Public Health Law defines the rules governing HIV testing in New
				York.
(p) 42 CFR Part 8 relates to
				the federal oversight and regulation of medication for addiction treatment for
				opioid use disorders.