19.09 - Powers of the office and commissioner; how exercised.
§ 19.09 Powers of the office and commissioner; how exercised. (a) The commissioner shall exercise all powers vested in the office. He or she may delegate any function, power, or duty assigned to him or her or to the office of alcoholism and substance abuse services to a director of a facility operated by such office or to any other officer or employee of such office, unless otherwise provided by law. (1) The commissioner may enter into agreements with the other commissioners of the department in order to ensure that programs and services are provided for all of the mentally disabled. (2) Upon the request of a state agency, including but not limited to the department of correctional services, the office of probation and correctional alternatives, the office of children and family services, and the board of parole, the commissioner shall have the power to provide alcoholism, substance abuse, and chemical dependence services either directly or through agreements with local certified or approved providers to persons in the custody or under the jurisdiction of the requesting agency within amounts available and within priorities established through the planning process. (3) The commissioner may coordinate alcoholism, alcohol abuse, substance abuse, substance dependence and chemical dependence related activities in all departments of the state by convening at regular intervals a coordinating committee of representatives of the departments of health, correctional services, labor, economic development, education, and motor vehicles, and the office of temporary and disability assistance and any other department or agency having an interest therein. (4) The commissioner shall meet on an ongoing basis with the representatives of the New York state conference of local mental hygiene directors to promote coordination and consistency of plans, rules, and regulations governing the planning and financing of the care, treatment, and rehabilitation of alcohol and substance abusers, to promote coordination with the other offices of the department, and to assist local governmental units in fulfilling their responsibilities pursuant to this chapter. (b) The commissioner may adopt regulations necessary and proper to implement any matter under his or her jurisdiction. Proposed rules and regulations regarding chemical dependence services shall be submitted to the advisory council on alcoholism and substance abuse services for its advice, in accordance with this article, unless the commissioner finds that the public health, safety, or general welfare requires that such regulation be promulgated as an emergency rulemaking. (c) In conducting any investigation, audit, financial review, inspection, or hearing, the commissioner may subpoena witnesses, compel their attendance, administer oaths to witnesses, examine witnesses under oath, and require the production of any books or papers deemed relevant to the investigation, inspection, or hearing. Subpoenas issued shall be regulated by the civil practice law and rules. The confidentiality of information obtained by the commissioner from patients' records shall be maintained in accordance with state and federal law. (d) The commissioner shall survey and analyze the state's needs, and with the advice of the advisory council on alcoholism and substance abuse services, shall, in accordance with the requirements of section 5.07 and article twenty-five of this chapter, as it pertains to substance abuse services, and article forty-one of this chapter, as it pertains to alcoholism services, formulate a comprehensive plan for long range development, through utilization of a network of federal, state, local and private resources, of adequate services and facilities for the prevention and control of chemical abuse or dependence and from time totime revise such plan, ensuring that such plans have as part of their goal the delivery of services to the elderly and women and children, including pregnant women unless such programs have provided for the treatment of pregnant women through a transfer agreement with another provider. (e) The commissioner shall execute the policies of the state concerning alcoholism and substance abuse services. (1) In furtherance thereof, within the amounts made available by appropriation and with the approval of the division of the budget, the commissioner shall have the authority to make grants or enter into agreements with alcoholism or substance abuse programs, or other appropriate entities. Special emphasis shall be placed on those geographic areas with a high prevalence of alcoholism, alcohol abuse, substance abuse, substance dependence, or chemical dependence. (2) The office shall be the authority, when designated by the governor, to supervise and administer financial or technical assistance as the designee under a state plan or as may be required by federal legislation making such assistance available for programs or activities in alcoholism, alcohol abuse, substance abuse, substance dependence, and chemical dependence, and other areas under its jurisdiction and control. (f) The commissioner shall administer all state, local, private, and federal funds, excluding those provided under title XIX or XX of the federal social security act, made available to the state for the provision of alcoholism, substance abuse, or chemical dependence services subject to the approval of the director of the budget. * (g) The commissioner shall establish and operate chemical dependence programs, facilities, and services for the prevention of chemical abuse and the treatment and rehabilitation of persons who abuse or are dependent on alcohol and/or substances, and significant others not limited to the psychiatric model but embodying all recognized or promising approaches. * NB Effective until January 26, 2011 * (g) The commissioner shall establish and operate chemical dependence programs, facilities, and services for the prevention, treatment, and rehabilitation, including relapse prevention and recovery maintenance, of persons who abuse or are dependent on alcohol and/or substances, and significant others not limited to the psychiatric model but embodying all recognized or promising approaches. * NB Effective January 26, 2011 (h) The commissioner shall promulgate rules and regulations requiring the state racing and wagering board and the state lottery division to provide for the posting of signs in facilities licensed by the state racing and wagering board to conduct pari-mutuel wagering and facilities licensed by the state lottery division advising where to get help in dealing with a compulsion to gamble. In addition, the information contained on such signs shall be posted on the internet at appropriate internet sites. Such signs and information posted on the internet shall include, but not be limited to, notice of the availability of one or more organizations, approved by the commissioner, which offer assistance in the prevention and treatment of compulsive gambling. Such signs, not less than eight and one-half inches by eleven inches, shall be conspicuously posted by the facility which is conducting the gambling. Such signs shall be available at the state racing and wagering board, the state lottery division, and the office of alcoholism and substance abuse services and shall be distributed by the appropriate licensing agency.