Bill Text: NY A03848 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the scope of responsibilities of the office of addiction services and supports; defines addiction professional.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-01-03 - referred to alcoholism and drug abuse [A03848 Detail]
Download: New_York-2023-A03848-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3848 2023-2024 Regular Sessions IN ASSEMBLY February 8, 2023 ___________ Introduced by M. of A. JACKSON -- read once and referred to the Commit- tee on Alcoholism and Drug Abuse AN ACT to amend the mental hygiene law, in relation to setting standards for addiction professionals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 19.07 of the mental hygiene law, as added by chap- 2 ter 223 of the laws of 1992, subdivisions (a) and (g) as amended by 3 chapter 271 of the laws of 2010, subdivisions (b) and (c) as amended by 4 chapter 281 of the laws of 2019, subdivision (d) as amended by section 5 5 of part I of chapter 58 of the laws of 2005 and the opening paragraph of 6 paragraph 1 of subdivision (d) as amended by chapter 449 of the laws of 7 2021, subdivision (e) as amended by chapter 558 of the laws of 1999, 8 subdivision (f) as added by chapter 383 of the laws of 1998, subdivision 9 (h) as separately amended by chapters 322 and 494 of the laws of 2021, 10 subdivision (i) as amended by section 31-a of part AA of chapter 56 of 11 the laws of 2019, subdivision (j) as amended by chapter 146 of the laws 12 of 2014, subdivision (k) as added by chapter 40 of the laws of 2014, 13 subdivision (l) as added by chapter 323 of the laws of 2018, subdivision 14 (m) as added by chapter 493 of the laws of 2019, subdivision (n) as 15 added by chapter 190 of the laws of 2021 and subdivision (n) as added by 16 chapter 762 of the laws of 2022, is amended to read as follows: 17 § 19.07 Office of [alcoholism and substance abuse services] addiction 18 services and supports; scope of responsibilities. 19 (a) The office of [alcoholism and substance abuse services] addiction 20 services and supports is charged with the responsibility for assuring 21 the development of comprehensive plans, programs, and services in the 22 areas of research, prevention, care, treatment, rehabilitation, includ- 23 ing relapse prevention and recovery maintenance, education, and training 24 of persons who [abuse or are dependent on alcohol and/or substances] 25 have or are at risk of an addictive disorder and their families. The EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07098-01-3A. 3848 2 1 term addictive disorder shall include compulsive gambling education, 2 prevention and treatment consistent with section 41.57 of this chapter. 3 Such plans, programs, and services shall be developed with the cooper- 4 ation of the office, the other offices of the department where appropri- 5 ate, local governments, consumers and community organizations and enti- 6 ties. The office shall provide appropriate facilities and shall 7 encourage the provision of facilities by local government and community 8 organizations and entities. [The office is also responsible for develop-9ing plans, programs and services related to compulsive gambling educa-10tion, prevention and treatment consistent with section 41.57 of this11chapter.] 12 (b) The office of [alcoholism and substance abuse services] addiction 13 services and supports shall advise and assist the governor in improving 14 services and developing policies designed to meet the needs of persons 15 who suffer from or are at risk of an addictive disorder and their fami- 16 lies, and to encourage their rehabilitation, maintenance of recovery, 17 and functioning in society. 18 (c) The office of [alcoholism and substance abuse services] addiction 19 services and supports shall have the responsibility for seeing that 20 persons who suffer from or are at risk of an addictive disorder and 21 their families are provided with addiction services, care and treatment, 22 and that such services, care, treatment and rehabilitation is of high 23 quality and effectiveness, and that the personal and civil rights of 24 persons seeking and receiving addiction services, care, treatment and 25 rehabilitation are adequately protected. 26 (d) The office of [alcoholism and substance abuse services] addiction 27 services and supports shall foster programs for the training and devel- 28 opment of persons capable of providing the foregoing services, including 29 but not limited to a process of issuing, either directly or through 30 contract, licenses, credentials, certificates or authorizations for 31 [alcoholism and substance abuse counselors or gambling] addiction [coun-32selors] professionals in accordance with the following: 33 (1) The office shall establish minimum qualifications [for counselors] 34 and a definition of the practice of the profession of an addiction 35 professional in all phases of delivery of services to persons and their 36 families who are suffering from [alcohol and/or substance abuse and/or37chemical dependence and/or compulsive gambling that shall include] or 38 are at risk of an addictive disorder including, but not be limited to, 39 completion of approved courses of study or equivalent on-the-job experi- 40 ence in [alcoholism and substance abuse counseling and/or counseling of41compulsive gambling] addiction disorder services. Such approved courses 42 of study or equivalent on-the-job experience shall include: providing 43 trauma-informed, patient-centered care; referring individuals to appro- 44 priate treatments for co-occurring disorders; and sensitivity training. 45 Such courses shall be updated as needed to reflect evolving best prac- 46 tices in harm reduction, treatment and long-term recovery. For the 47 purposes of this paragraph, sensitivity training shall mean a form of 48 training with the goal of making people more aware of their own preju- 49 dices and more sensitive to others. 50 (i) The office shall establish procedures for issuing, directly or 51 through contract, licenses, credentials, certificates or authorizations 52 to [counselors] addiction professionals who meet minimum qualifications, 53 including the establishment of appropriate fees, and shall further 54 establish procedures to suspend, revoke, or annul such licenses, creden- 55 tials, certificates or authorizations for good cause. Such procedures 56 shall be promulgated by the commissioner by rule or regulation.A. 3848 3 1 (ii) The commissioner shall establish [a credentialing] an addiction 2 professionals board which shall provide advice concerning the licensing, 3 credentialing, certification or authorization process. 4 (iii) The commissioner shall establish fees for the education, train- 5 ing, licensing, credentialing, certification or authorization of 6 addiction professionals. 7 (2) The establishment, with the advice of the advisory council on 8 alcoholism and substance abuse services, of minimum qualifications for 9 [counselors] addiction professionals in all phases of delivery of 10 services to those suffering from [alcoholism, substance and/or chemical11abuse and/or dependence and/or compulsive gambling] or at risk of addic- 12 tive disorders and their families that shall include, but not be limited 13 to, completion of approved courses of study or equivalent on-the-job 14 experience in [counseling for alcoholism, substance and/or chemical15abuse and/or dependence] addiction disorder services and/or [compulsive] 16 gambling disorder services, and establish appropriate fees, issue 17 licenses, credentials, certificates or authorizations to [counselors] 18 addiction professionals who meet minimum qualifications and suspend, 19 revoke, or annul such licenses, credentials, certificates or authori- 20 zations for good cause in accordance with procedures promulgated by the 21 commissioner by rule or regulation. 22 (3) For the purpose of this title, the term "addiction professional", 23 including "credentialed alcoholism and substance abuse counselor" or 24 "C.A.S.A.C.", means an official designation identifying an individual as 25 one who holds a currently registered and valid license, credential, 26 certificate or authorization issued or approved by the office of [alco-27holism and substance abuse services] addiction services and supports 28 pursuant to this section which documents an individual's qualifications 29 to provide [alcoholism and substance abuse counseling] addiction disor- 30 der services. The term "gambling addiction [counselor"] professional" 31 means an official designation identifying an individual as one who holds 32 a currently registered and valid license, credential, certificate or 33 authorization issued by the office of [alcoholism and substance abuse34services] addiction services and supports pursuant to this section which 35 documents an individual's qualifications to provide [compulsive] gambl- 36 ing [counseling] disorder services. 37 (i) No person shall use the title [credentialed alcoholism and38substance abuse counselor or "C.A.S.A.C." or gambling addiction counse-39lor] "addiction professional" or the title given to any licenses, 40 credentials, certificates or authorizations issued by the office unless 41 authorized [pursuant to] by the commissioner in accordance with this 42 title. 43 (ii) Failure to comply with the requirements of this section shall 44 constitute a violation as defined in the penal law. 45 (4) All persons holding previously issued and valid alcoholism or 46 substance abuse counselor credentials issued by the office or an entity 47 designated by the office, including a credentialed alcoholism and 48 substance abuse counselor, certified prevention specialist, credentialed 49 prevention professional, credentialed problem gambling counselor, gambl- 50 ing specialty designation, and certified recovery peer advocate, on the 51 effective date of amendments to this section shall be deemed [C.A.S.A.C.52designated] an addiction professional consistent with their experience 53 and education. 54 (e) Consistent with the requirements of subdivision (b) of section 55 5.05 of this chapter, the office shall carry out the provisions of arti- 56 cle thirty-two of this chapter as such article pertains to regulationA. 3848 4 1 and quality control of [chemical dependence] addiction disorder 2 services, including but not limited to the establishment of standards 3 for determining the necessity and appropriateness of care and services 4 provided by [chemical dependence] addiction disorder providers of 5 services. In implementing this subdivision, the commissioner, in consul- 6 tation with the commissioner of health, shall adopt standards including 7 necessary rules and regulations including but not limited to those for 8 determining the necessity or appropriate level of admission, controlling 9 the length of stay and the provision of services, and establishing the 10 methods and procedures for making such determination. 11 (f) The office of [alcoholism and substance abuse services] addiction 12 services and supports shall develop a list of all agencies throughout 13 the state which are currently certified by the office and are capable of 14 and available to provide evaluations in accordance with section sixty- 15 five-b of the alcoholic beverage control law so as to determine need for 16 treatment pursuant to such section and to assure the availability of 17 such evaluation services by a certified agency within a reasonable 18 distance of every court of a local jurisdiction in the state. Such list 19 shall be updated on a regular basis and shall be made available to every 20 supreme court law library in this state, or, if no supreme court law 21 library is available in a certain county, to the county court library of 22 such county. The commissioner may establish an annual fee for inclusion 23 on such list. 24 (g) The office of [alcoholism and substance abuse services] addiction 25 services and supports shall develop and maintain a list of the names and 26 locations of all licensed agencies and [alcohol and substance abuse] 27 addiction professionals, as defined in paragraphs (a) and (b) of subdi- 28 vision one of section eleven hundred ninety-eight-a of the vehicle and 29 traffic law, throughout the state which are capable of and available to 30 provide an assessment of, and treatment for, [alcohol and substance31abuse and dependency] addiction disorders. Such list shall be provided 32 to the chief administrator of the office of court administration and the 33 commissioner of motor vehicles. Persons who may be aggrieved by an agen- 34 cy decision regarding inclusion on the list may request an administra- 35 tive appeal in accordance with rules and regulations of the office. The 36 commissioner may establish an annual fee for inclusion on such list. 37 (h) The office of addiction services and supports shall monitor 38 programs providing care and treatment to incarcerated individuals in 39 correctional facilities operated by the department of corrections and 40 community supervision who have a history of [alcohol or substance use41disorder or dependence] an addiction disorder. The office shall also 42 develop guidelines for the operation of [alcohol and substance use43disorder treatment programs] addiction disorder services in such correc- 44 tional facilities, based on best practices, and tailored to the nature 45 of the individual's substance use, history of past treatment, and histo- 46 ry of mental illness or trauma, which may include harm reduction strate- 47 gies, in order to ensure that such [programs] services sufficiently meet 48 the needs of incarcerated individuals with a history of [alcohol or49substance use disorder or dependence] an addiction disorder and promote 50 the successful transition to treatment in the community upon release. No 51 later than the first day of December of each year, the office shall 52 submit a report regarding: (1) the adequacy and effectiveness of [alco-53hol and substance use disorder treatment programs] addiction disorder 54 services operated by the department of corrections and community super- 55 vision; (2) the total number of incarcerated individuals in correctional 56 facilities that have been screened for, and determined to have, [aA. 3848 5 1substance use] an addiction disorder; (3) information regarding which 2 substances incarcerated individuals are most dependent upon and the 3 available treatment for such individuals within each correctional facil- 4 ity; (4) the total number of individuals who participate in each of the 5 [treatment programs] addiction disorder services operated by the depart- 6 ment of corrections and community supervision; and (5) the total number 7 of individuals who participated in [a substance use disorder treatment8program] addiction disorder services but failed to complete such 9 [program] services, as well as whether such failure to complete [the10program] such addiction disorder services was a result of disciplinary 11 action taken by the facility against the individual for instances unre- 12 lated to their participation in [the treatment program] such services. 13 The department of corrections and community supervision shall provide 14 the office with information needed to complete this report. Such report 15 shall be sent to the governor, the temporary president of the senate, 16 the speaker of the assembly, the chairman of the senate committee on 17 crime victims, crime and correction, and the chairman of the assembly 18 committee on correction. 19 (i) The office of [alcoholism and substance abuse services] addiction 20 services and supports shall periodically, in consultation with the state 21 director of veterans' services: (1) review the programs operated by the 22 office to ensure that the needs of the state's veterans who served in 23 the U.S. armed forces and who are recovering from [alcohol and/or24substance abuse] an addiction disorder are being met and to develop 25 improvements to programs to meet such needs; and (2) in collaboration 26 with the state director of veterans' services and the commissioner of 27 the office of mental health, review and make recommendations to improve 28 programs that provide treatment, rehabilitation, relapse prevention, and 29 recovery services to veterans who have served in a combat theatre or 30 combat zone of operations and have a co-occurring mental health and 31 [alcoholism or substance abuse] addiction disorder. 32 (j) The office, in consultation with the state education department, 33 shall identify or develop materials on problem gambling among school-age 34 youth which may be used by school districts and boards of cooperative 35 educational services, at their option, to educate students on the 36 dangers and consequences of problem gambling as they deem appropriate. 37 Such materials shall be available on the internet website of the state 38 education department. The internet website of the office shall provide a 39 hyperlink to the internet page of the state education department that 40 displays such materials. 41 (k) Heroin and opioid addiction awareness and education program. The 42 commissioner, in cooperation with the commissioner of the department of 43 health, shall develop and conduct a public awareness and educational 44 campaign on heroin and opioid addiction. The campaign shall utilize 45 public forums, social media and mass media, including, but not limited 46 to, internet, radio, and print advertising such as billboards and post- 47 ers and shall also include posting of materials and information on the 48 office website. The campaign shall be tailored to educate youth, 49 parents, healthcare professionals and the general public regarding: (1) 50 the risks associated with the abuse and misuse of heroin and opioids; 51 (2) how to recognize the signs of addiction; and (3) the resources 52 available for those needing assistance with heroin or opioid addiction. 53 The campaign shall further be designed to enhance awareness of the 54 opioid overdose prevention program authorized pursuant to section thir- 55 ty-three hundred nine of the public health law and the "Good Samaritan 56 law" established pursuant to sections 220.03 and 220.78 of the penal lawA. 3848 6 1 and section 390.40 of the criminal procedure law, and to reduce the 2 stigma associated with addiction. 3 (l) The office of [alcoholism and substance abuse services] addiction 4 services and supports, in consultation with the state education depart- 5 ment, shall develop or utilize existing educational materials to be 6 provided to school districts and boards of cooperative educational 7 services for use in addition to or in conjunction with any drug and 8 alcohol related curriculum regarding the misuse and abuse of alcohol, 9 tobacco, prescription medication and other drugs with an increased focus 10 on substances that are most prevalent among school aged youth as such 11 term is defined in section eight hundred four of the education law. Such 12 materials shall be age appropriate for school age children, and to the 13 extent practicable, shall include information or resources for parents 14 to identify the warning signs and address the risks of substance [abuse] 15 misuse and addiction. 16 (m) (1) The office shall report on the status and outcomes of initi- 17 atives created in response to the heroin and opioid epidemic to the 18 temporary president of the senate, the speaker of the assembly, the 19 chairs of the assembly and senate committees on alcoholism and drug 20 abuse, the chair of the assembly ways and means committee and the chair 21 of the senate finance committee. 22 (2) Such reports shall include, to the extent practicable and applica- 23 ble, information on: 24 (i) The number of individuals enrolled in the initiative in the 25 preceding quarter; 26 (ii) The number of individuals who completed the treatment program in 27 the preceding quarter; 28 (iii) The number of individuals discharged from the treatment program 29 in the preceding quarter; 30 (iv) The age and sex of the individuals served; 31 (v) Relevant regional data about the individuals; 32 (vi) The populations served; and 33 (vii) The outcomes and effectiveness of each initiative surveyed. 34 (3) Such initiatives shall include opioid treatment programs, crisis 35 detoxification programs, 24/7 open access centers, adolescent club hous- 36 es, family navigator programs, peer engagement specialists, recovery 37 community and outreach centers, regional addiction resource centers and 38 the state implementation of the federal opioid state targeted response 39 initiatives. 40 (4) Such information shall be provided quarterly, beginning no later 41 than July first, two thousand nineteen. 42 (n) The office in consultation with the office of mental health, the 43 department of health, the division of housing and community renewal and 44 any other agency that may oversee an appropriate program or service 45 shall monitor and ensure funds appropriated pursuant to section ninety- 46 nine-nn of the state finance law are expended for services and programs 47 in accordance with such section. 48 [(n)] (o) The office of addiction services and supports, in consulta- 49 tion with the commissioner of health, shall provide and publish, in 50 electronic or other format, training materials for health care provid- 51 ers, as defined by subdivision six of section two hundred thirty-eight 52 of the public health law, and qualified health professionals, recognized 53 by the office to enable the implementation of the screening, brief 54 intervention, and referral to treatment program (SBIRT). Such training 55 materials shall include any and all materials necessary to inform health 56 care providers and qualified health professionals of the method forA. 3848 7 1 administering the SBIRT program to a patient in the care of health care 2 providers or qualified health professionals. Such training materials 3 shall be made available to health care providers and qualified health 4 professionals through the official websites of the office and the 5 department of health and by any other means deemed appropriate by the 6 commissioner. 7 § 2. This act shall take effect immediately.
