19.07 - Office of alcoholism and substance abuse services; scope of responsibilities.

§ 19.07 Office  of  alcoholism  and  substance  abuse services; scope of            responsibilities.    * (a) The office of alcoholism and substance abuse services is charged  with the responsibility for assuring the  development  of  comprehensive  plans,  programs,  and  services  in  the areas of research, prevention,  care, treatment, rehabilitation, education, and training of persons  who  abuse  or are dependent on alcohol and/or substances and their families.  Such  plans,  programs,  and  services  shall  be  developed  with   the  cooperation  of  the  office,  the other offices of the department where  appropriate, local governments, consumers  and  community  organizations  and  entities. The office shall provide appropriate facilities and shall  encourage the provision of facilities by local government and  community  organizations   and   entities.  The  office  is  also  responsible  for  developing plans, programs and services related to  compulsive  gambling  education,  prevention  and  treatment  consistent with section 41.57 of  this chapter.    * NB Effective until January 26, 2011    * (a) The office of alcoholism and substance abuse services is charged  with the responsibility for assuring the  development  of  comprehensive  plans,  programs,  and  services  in  the areas of research, prevention,  care,  treatment,  rehabilitation,  including  relapse  prevention   and  recovery  maintenance,  education,  and training of persons who abuse or  are dependent on alcohol and/or  substances  and  their  families.  Such  plans, programs, and services shall be developed with the cooperation of  the office, the other offices of the department where appropriate, local  governments,  consumers  and  community  organizations and entities. The  office shall provide appropriate  facilities  and  shall  encourage  the  provision  of facilities by local government and community organizations  and entities. The office  is  also  responsible  for  developing  plans,  programs   and   services  related  to  compulsive  gambling  education,  prevention and treatment consistent with section 41.57 of this chapter.    * NB Effective January 26, 2011    * (b) The office of alcoholism  and  substance  abuse  services  shall  advise  and  assist  the  governor  in improving services and developing  policies designed to  meet  the  needs  of  persons  who  abuse  or  are  dependent  on  alcohol  and/or  substances  and  their  families, and to  encourage their rehabilitation and functioning in society.    * NB Effective until January 26, 2011    * (b) The office of alcoholism  and  substance  abuse  services  shall  advise  and  assist  the  governor  in improving services and developing  policies designed to  meet  the  needs  of  persons  who  abuse  or  are  dependent  on  alcohol  and/or  substances  and  their  families, and to  encourage their rehabilitation, maintenance of recovery, and functioning  in society.    * NB Effective January 26, 2011    (c) The office of alcoholism and substance abuse services  shall  have  the responsibility for seeing that persons who abuse or are dependent on  alcohol  and/or substances and their families are provided with care and  treatment, that such care,  treatment  and  rehabilitation  is  of  high  quality  and  effectiveness,  and  that the personal and civil rights of  persons receiving care,  treatment  and  rehabilitation  are  adequately  protected.    (d) The office of alcoholism and substance abuse services shall foster  programs  for  the  training  and  development  of  persons  capable  of  providing the foregoing services, including but not limited to a process  of  issuing,  either  directly  or  through  contract,  credentials  for  alcoholism   and   substance  abuse  counselors  or  gambling  addiction  counselors in accordance with the following:(1) The office shall establish minimum qualifications  for  counselors  in  all phases of delivery of services to persons and their families who  are suffering  from  alcohol  and/or  substance  abuse  and/or  chemical  dependence  and/or  compulsive  gambling  that shall include, but not be  limited  to,  completion  of  approved  courses  of  study or equivalent  on-the-job experience  in  alcoholism  and  substance  abuse  counseling  and/or counseling of compulsive gambling.    (i)  The  office  shall  establish procedures for issuing, directly or  through  contract,  credentials   to   counselors   who   meet   minimum  qualifications,  including  the  establishment  of appropriate fees, and  shall further establish procedures to suspend,  revoke,  or  annul  such  credentials  for good cause. Such procedures shall be promulgated by the  commissioner by rule or regulation.    (ii) The commissioner shall  establish  a  credentialing  board  which  shall provide advice concerning the credentialing process.    (2)  The  establishment,  with  the  advice of the advisory council on  alcoholism and substance abuse services, of minimum  qualifications  for  counselors in all phases of delivery of services to those suffering from  alcoholism,  substance  and/or  chemical  abuse and/or dependence and/or  compulsive gambling and their families that shall include,  but  not  be  limited  to,  completion  of  approved  courses  of  study or equivalent  on-the-job experience in counseling  for  alcoholism,  substance  and/or  chemical  abuse  and/or dependence and/or compulsive gambling, and issue  credentials to counselors who meet minimum qualifications  and  suspend,  revoke,  or  annul  such  credentials  for good cause in accordance with  procedures promulgated by the commissioner by rule or regulation.    (3) For the purpose of this title, the term  "credentialed  alcoholism  and  substance  abuse  counselor"  or  "C.A.S.A.C."  means  an  official  designation identifying an individual  as  one  who  holds  a  currently  registered  and  valid credential issued by the office of alcoholism and  substance abuse services pursuant to this  section  which  documents  an  individual's  qualifications  to  provide alcoholism and substance abuse  counseling. The term "gambling addiction counselor"  means  an  official  designation  identifying  an  individual  as  one  who holds a currently  registered and valid credential issued by the office of  alcoholism  and  substance  abuse  services  pursuant  to this section which documents an  individual's qualifications to provide compulsive gambling counseling.    (i)  No  person  shall  use  the  title  credentialed  alcoholism  and  substance   abuse   counselor  or  "C.A.S.A.C."  or  gambling  addiction  counselor unless authorized pursuant to this title.    (ii) Failure to comply with the requirements  of  this  section  shall  constitute a violation as defined in the penal law.    (4)  All  persons  holding  previously  issued and valid alcoholism or  substance  abuse  counselor  credentials  on  the  effective   date   of  amendments to this section shall be deemed C.A.S.A.C. designated.    (e)  Consistent  with  the  requirements of subdivision (b) of section  5.05 of this chapter, the office  shall  carry  out  the  provisions  of  article   thirty-two  of  this  chapter  as  such  article  pertains  to  regulation  and  quality  control  of  chemical   dependence   services,  including  but  not  limited  to  the  establishment  of  standards  for  determining the necessity  and  appropriateness  of  care  and  services  provided  by  chemical dependence providers of services. In implementing  this  subdivision,  the   commissioner,   in   consultation   with   the  commissioner  of health, shall adopt standards including necessary rules  and regulations including but not limited to those for  determining  the  necessity  or  appropriate level of admission, controlling the length of  stay and the provision of services, and  establishing  the  methods  and  procedures for making such determination.(f)  The  office  of  alcoholism  and  substance  abuse services shall  develop a list of all agencies throughout the state which are  currently  certified  by  the  office  and  are capable of and available to provide  evaluations in accordance with section  sixty-five-b  of  the  alcoholic  beverage  control  law so as to determine need for treatment pursuant to  such section and to assure the availability of such evaluation  services  by  a  certified agency within a reasonable distance of every court of a  local jurisdiction in the state. Such list shall be updated on a regular  basis and shall be made available to every supreme court law library  in  this  state,  or,  if  no  supreme  court  law library is available in a  certain county, to the county court library of such county.    * (g) The office of alcoholism  and  substance  abuse  services  shall  develop  a  list of the names and locations of all licensed agencies and  alcohol and substance abuse professionals, as defined in paragraphs  (a)  and  (b)  of subdivision one of section eleven hundred ninety-eight-a of  the vehicle and traffic law, throughout the state which are  capable  of  and  available  to  provide an assessment of, and treatment for, alcohol  and substance abuse and dependency. Such list shall be provided  to  the  chief  administrator  of  the  office  of  court  administration and the  commissioner of motor vehicles.    * NB Effective until January 26, 2011    * (g) The office of alcoholism  and  substance  abuse  services  shall  develop  and  maintain a list of the names and locations of all licensed  agencies and alcohol and substance abuse professionals,  as  defined  in  paragraphs  (a)  and  (b)  of  subdivision one of section eleven hundred  ninety-eight-a of the vehicle and  traffic  law,  throughout  the  state  which  are  capable  of  and  available to provide an assessment of, and  treatment for, alcohol and substance abuse  and  dependency.  Such  list  shall  be  provided  to  the  chief administrator of the office of court  administration and the commissioner of motor vehicles. Persons  who  may  be  aggrieved  by an agency decision regarding inclusion on the list may  request  an  administrative  appeal  in  accordance   with   rules   and  regulations of the office.    * NB Effective January 26, 2011    (h)  The  office  of  alcoholism  and  substance  abuse services shall  monitor programs providing care and treatment to inmates in correctional  facilities operated by the department of correctional services who  have  a  history of alcohol or substance abuse or dependence. The office shall  also develop guidelines for the operation of alcohol and substance abuse  treatment programs in such correctional facilities in  order  to  ensure  that such programs sufficiently meet the needs of inmates with a history  of  alcohol  or substance abuse or dependence and promote the successful  transition to treatment in the community upon release. No later than the  first day of December of each year, the office  shall  submit  a  report  regarding  the adequacy and effectiveness of alcohol and substance abuse  treatment programs operated by the department of  correctional  services  to  the  governor, the temporary president of the senate, the speaker of  the assembly, the chairman of the senate  committee  on  crime  victims,  crime  and  correction,  and  the  chairman of the assembly committee on  correction.