New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.1 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 19.07 (a)  of the
				Mental Hygiene Law charges the Office of Addiction Services and Supports (OASAS
				or "Office") with assuring the development of comprehensive plans, programs and
				services for research, prevention, care, treatment, rehabilitation, education
				and training related to substance use disorder and compulsive
				gambling.
(b) Section 19.07 (d)  of the
				Mental Hygiene Law directs the Office to foster programs for the training and
				development of persons capable of providing substance use disorder and gambling
				addiction services; to establish minimum qualifications for credentialed
				professionals; to issue credentials to persons who meet such qualifications; to
				suspend or revoke such credentials for good cause; and to establish a
				credentialing board to provide advice concerning the credentialing
				process.
(c) Section 19.20  of the Mental Hygiene Law
				authorizes the Office to receive and review criminal history information from
				the Justice Center related to employees or volunteers of treatment facilities
				certified, licensed or operated by the Office.
(d) Section 19.20-a  of the Mental Hygiene Law
				authorizes the Office to receive and review criminal history information from
				the Justice Center related to persons seeking to be credentialed by the Office
				or applicants for an operating certificate issued by the Office.
(e) Section 32.01  of the Mental Hygiene Law
				authorizes the Commissioner of the Office 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.
(f) Section 32.02  of the Mental Hygiene Law
				authorizes the Commissioner of the Office to adopt regulations necessary to
				ensure quality services to those suffering from problem gambling
				disorder.
(g) Section 554  of the
				Executive Law (Chapter 501 of the Laws of 2012), requires custodians, as
				defined in Part 836 of this Title, in programs licensed, certified or operated
				by the Office to adhere to the code of conduct for custodians developed by the
				Justice Center.
(h) The Protection
				of People with Special Needs Act (Chapter 501 of the Laws of 2012) establishes
				the Justice Center and requires criminal history information reviews be
				conducted for applicants for any credential issued by the Office pursuant to
				this Part.
(i) Section 495 of the
				Executive Law (Chapter 501 of the Laws of 2012) establishes the "Register of
				Substantiated Category One Cases of Abuse and Neglect" maintained by the
				Justice Center.
(j) Article 23-A of
				the Corrections Law is applicable to any application for a credential by a
				person who has previously been convicted of one or more criminal offenses in
				New York or in any other jurisdiction.
(k) Sections 308-a and 308-b  of the Military
				Law provide for the preservation and extension of professional licenses held by
				persons in active military service.