14 CRR-NY 822.7NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 14. DEPARTMENT OF MENTAL HYGIENE
CHAPTER XXI. OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
PART 822. GENERAL SERVICE STANDARDS FOR SUBSTANCE USE DISORDER OUTPATIENT PROGRAMS
14 CRR-NY 822.7
14 CRR-NY 822.7
822.7 General program standards.
(a) Policies and procedures.
The program sponsor must approve written policies, procedures, and methods governing the provision of services to patients in compliance with office regulations including a description of each service provided. These policies, procedures, and methods must address, at a minimum:
(1) admission and discharge, including specific criteria relating thereto, as well as transfer and referral procedures;
(2) treatment/recovery plans;
(3) services to be provided by contract or subcontract including methods for coordinating service delivery and a description of core groups offered and procedures for coordinating group, individual, and family treatment;
(4) a schedule of fees for services rendered;
(5) compliance with other requirements of applicable local, State and Federal laws and regulations, OASAS guidance documents and standards of care regarding, but not limited to:
(i) education, counseling, prevention and treatment of communicable diseases, including viral hepatitis, sexually transmitted diseases and HIV/AIDS; regarding HIV, such education, counseling, prevention and treatment shall include condom use, testing, pre- and post-exposure prophylaxis and treatment;
(ii) the use of alcohol and other drug screening and toxicology tests;
(iii) medication and the use of medication assisted treatment; and
(iv) the use of a problem gambling screen approved by the office;
(6) infection control procedures;
(7) staffing, including but not limited to, training and use of student interns, peers and volunteers;
(8) waiting lists.
Programs must maintain a waiting list of eligible prospective patients. When an opening is available programs must make at last one good faith attempt to contact the next prospective patient on the waiting list;
(i) in determining certified capacity for a program offering opioid full agonist treatment medications, programs may exclude patients confirmed to be maintained on appropriate medications in hospital, nursing home or correctional facility and are expected to return to the program within 12 months upon discharge from such facility;
(ii) programs may include patients previously deemed ineligible for admission for reasons other than behavioral concerns;
(9) certified capacity.
In determining certified capacity for an OTP, such programs may:
(i) exclude patients confirmed to be maintained on appropriate medications in a hospital, nursing home or correctional facility and who are expected to return to the program within 12 months upon discharge from such facility;
(ii) programs may include patients previously deemed ineligible for admission for reasons other than behavioral concerns;
(iii) exclude patients maintained on buprenorphine or naltrexone; in continuing care not receiving medication; or, enrolled in auxiliary withdrawal management; and
(iv) exclude a significant other(s).
(10) Each program must maintain a policy on toxicology.
(b) Emergency medical kit.
(1) All programs must maintain an emergency medical kit at each certified location; such kit must include basic first aid and at least one naloxone emergency overdose prevention kit. Programs must develop and implement a plan to have staff trained in the prescribed use of a naloxone overdose prevention kit such that it is available for use during all program hours of operation.
(2) All staff and patients should be notified of the existence of the naloxone overdose prevention kit and the authorized administering staff.
(3) Nothing in this regulation shall preclude patients from becoming authorized in the administration of the naloxone emergency overdose prevention kit, provided however, the program director must be notified of the availability of any additional authorized users.
(c) Utilization review and quality improvement.
All programs must have a utilization review process, a quality improvement committee, and a written plan that identifies key performance measures.
(d) Continuous services.
Programs must develop necessary procedures, including disaster plans, to assure continuous services in emergencies or disruption of operations in accordance with office guidelines and accreditation standards.
(e) Community relations.
Programs must develop and implement a community relations plan that describes actions responsive to reasonable community needs; such plans may include, but not be limited to, formation of community patrols to ensure that patients are not loitering, and formation of a community committee that meets regularly to discuss actions to improve community relations.
(f) Required services.
Each program must directly provide the following:
(1) admission assessment, including, if clinically indicated, a screen for problem gambling;
(2) treatment/recovery planning and review;
(3) trauma-informed individual and group counseling;
(4) medication assisted treatment;
(5) toxicology testing (not required for significant others unless clinically indicated):
(i) each program must conduct toxicology tests to be determined by the provider as clinically appropriate provided, however, at least eight random toxicology tests must be conducted per year for each patient in an OTP;
(ii) each program must review and discuss with the patient the toxicology result;
(iii) laboratories used for toxicology testing must be approved by the New York State Department of Health, or in the City of New York, the New York City Department of Health and Mental Hygiene;
(iv) each program must use a method approved by the Food and Drug Administration (FDA) and Center for Substance Abuse Treatment (CSAT) for toxicology testing;
(6) post-treatment planning;
(7) medication administration and observation;
(8) medication management;
(9) brief intervention and brief treatment;
(10) collateral visits;
(11) complex care coordination;
(12) outreach; and
(13) peer support services.
(g) Optional services.
Each program may, at its option, directly provide any of the following:
(1) intensive outpatient services (IOS);
(2) ancillary withdrawal (requires office approved designation); or
(3) other services which may be identified by the office from time to time.
(h) Problem gambling.
A program that has been granted a waiver or designation to admit and treat individuals for problem gambling only (persons who do not have a co-occurring chemical dependency diagnosis) and/or a significant other who has been affected by problem gambling, shall provide services in accordance with Part 857 of this Title.
(i) Telepractice.
Services may be delivered using telepractice consistent with Part 830 of this Title.
(j) Staffing.
Each program must provide clinical supervision and ensure and document a plan for staff training based on individual employee needs. Subject areas appropriate for training shall be identified by the office. Staffing requirements include:
(1) Clinical director.
Each program must have a qualified health professional designated as the clinical director who is responsible for the daily activities and supervision of services provided. Such person must have at least three years of full-time clinical work experience in the chemical dependence field, at least one year of which must be supervisory, prior to appointment as clinical director. A program which is part of a provider comprised of multiple health, mental health or substance use disorder treatment programs may share this position provided clinical director responsibilities have been delegated to another qualified staff member and shared to the extent such assignment is sufficient to meet patient need.
(2) Medical director.
Each program must have a medical director as defined in Part 800 of this Title.
(3) Medical staff, as defined in Part 800 of this Title.
(i) The medical staff must be trained in emergency response treatment and must complete regular refresher courses/drills on handling emergencies.
(ii) A physician, registered physician's assistant or nurse practitioner must provide on-site, or through telepractice, coverage as adequate and necessary.
(iii) In an OTP, anytime such program is open, and a physician is not present, a physician must be available for consultation, prescribing, dispensing and to attend to any emergency situation.
(iv) An OTP must have at least the equivalent of two full-time on-site nurses for up to 300 patients, one of whom shall be a registered nurse. Programs approved to serve more than 300 patients must have one additional full-time nurse for each additional 150 patients or part thereof. A nurse must always be present when medication is being administered.
(4) Health coordinator.
Each program must designate a health coordinator to assure the provision of education, risk reduction, counseling and referral services to all patients regarding HIV/AIDS (including pre- and post-exposure prophylaxis), tuberculosis, viral hepatitis, sexually transmitted diseases, and other communicable diseases.
(5) Counselors.
In every program there must be an adequate number of counselors sufficient to carry out the objectives of the program and to assure the outcomes of the program are addressed. The office will review factors in determining whether the program's outcomes are being addressed, which may include but shall not be limited to:
(i) retention of patients in treatment;
(ii) patients’ stability in treatment.
(6) Full-time staffing requirements.
There must be at least one full-time credentialed alcoholism and substance abuse counselor (CASAC); and there must be at least one full-time qualified health professional, as defined in Part 800 of this Title, qualified in a discipline other than substance use disorder counseling.
(7) Qualified health professional requirements.
At least 50 percent of all clinical staff must be qualified health professionals. CASAC trainees (CASAC-T) may be counted towards satisfying the 50 percent requirement; however such individuals may not be considered qualified health professionals for any other purpose under this Part. Clinical staff members who are not qualified health professionals must have qualifications appropriate to their assigned responsibilities as set forth in the personnel policies of the program and must be subject to appropriate staff supervision and continuing education and training.
(8) Each program must notify the office of any change in medical director, on-site physician(s), or program sponsors (pursuant to Part 810 of this Title).
(k) Other staffing requirements.
(1) If other specialized services are directly provided by the program, staff must be appropriately qualified to provide such services.
(2) Volunteers and student interns.
In addition to staffing requirements of this Part, a program may utilize unpaid volunteers and unpaid student interns. Such volunteers or student interns must receive supervision, training, or didactic education consistent with their assigned tasks and the services they are expected to provide.
(3) Certified recovery peer advocates (CRPA).
CRPAs, as defined in Part 800 of this Title, must be supervised by a clinical staff member who is credentialed or licensed and participate in a training plan appropriate to their needs. CRPAs may provide peer support services based on clinical needs as identified in the patient’s treatment/recovery plan.
(4) Security staff.
Programs may employ security staff who are not clinical staff and may not be involved in clinical services and must receive training on confidentiality of patient information and adhere to such Federal laws.
(5) All clinical staff should be provided training related to, including but not limited to, crisis interventions, dealing with special populations, quality improvement, agency policies and procedures. Additional subject areas appropriate for training may from time to time be identified by the office.
(6) A clinical or non-clinical staff person shall be identified to serve as the program’s Lesbian, Gay, Bisexual, Transgender, Questioning/Queer (LGBTQ) liaison.
(l) Program hours of operation.
Each program must operate at least five days per week providing structured treatment services in accordance with treatment/recovery plans. Programs providing opioid full agonist treatment medications must be open at least six days per week and must provide flexible dosing hours that meet patient needs, providing access for clients with varying schedules. Patients must be given an appointment for all visits including medication dispensing. Appointment times must allow for program operation with limited wait times.
14 CRR-NY 822.7
Current through May 31, 2021
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.