New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 856 - Tobacco Use in Adult Services › Section 856.5 - Policy and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				program that chooses to become a tobacco-limited program, remain a
				tobacco-free program, or return to being a tobacco-free program, shall
				determine and establish written policies, procedures and methods governing the
				provision of a tobacco-limited or tobacco free environment. . These policies,
				procedures and methods should at a minimum include the following:
(1) Defines the parts of the facility and
				vehicles where tobacco use is not permitted ;
(2) For tobacco-limited programs, defines
				designated areas on facility grounds where limited use of certain tobacco
				products by patients is permitted in accordance with guidance issued by the
				Office and Public Health Law Section 1399-O;
(a) Use of nicotine delivery systems by
				patients shall not be permitted;
(b) Use of tobacco products and/or nicotine
				delivery devices by family members and other visitors shall not be
				permitted;
(4) For
				tobacco-limited programs, limits tobacco products that family members and other
				visitors can bring to patients admitted to the program to closed and sealed
				packages of cigarettes. ;
(5)
				Requires all patients, staff, volunteers and visitors be informed of the
				tobacco- limited or tobacco free policy including posted notices and the
				provision of copies of the policy;
(6) Establishes a policy prohibiting staff
				and volunteers from using tobacco products or nicotine delivery systems when
				they are on the site of the program, from purchasing tobacco products or
				nicotine delivery systems for, or giving tobacco products or nicotine delivery
				systems to patients, and from using tobacco products or nicotine delivery
				systems with patients ;
(6)
				Describes employee assistance programs and other programs that will be made
				available to staff who want to stop using tobacco products, nicotine delivery
				systems, or other nicotine-containing products; ;
(7) Establishes evidence-based harm reduction
				and cessation treatment modalities for patients who use tobacco products or
				nicotine delivery systems, in accordance with guidance from the
				Office;
(8) For tobacco-limited
				programs, establishes a policy prohibiting patients from using tobacco products
				during program hours except for the limited use of certain tobacco products in
				designated areas of the facility grounds at designated times, in accordance
				with guidance issued by the Office;
(9) Describes required annual training for
				staff, including clinical, non-clinical, administrative and volunteers about
				tobacco products, nicotine dependence, and tobacco use disorder that is
				sufficient for the program to operate a holistic approach to tobacco use
				disorder that is evidenced in progress notes, policies and procedures,
				perception of care, and outcomes ;
(10) Describes tobacco and nicotine
				prevention and education programs made available by the service to patients,
				staff, volunteers and others;
(11)
				Establishes procedures, including a policy to address patients who continue to
				use or return to use of tobacco products or nicotine delivery systems. This
				policy shall be incorporated into the policy and procedures as required by all
				programs for adults certified, funded or otherwise authorized by this Title and
				every effort shall be made to provide appropriate treatment services to all
				persons in need of substance use disorder treatment services. Additionally,
				each facility shall address staff who continue to use or return to use of
				tobacco products consistent with the requirements of 856.5(a)(5) of this Title
				and the employment procedure of that facility.
(12) For tobacco-free services, established
				tobacco free policies consistent with this Part and guidance issued by the
				Office.