1. Statutory Authority:

(a) Section 19.07(c) of the Mental Hygiene Law provides that the Office of Alcoholism and Substance Abuse Services is responsible for seeing that persons who abuse or are dependent on alcohol and/or substances and their families are provided with care and treatment which is effective and of high quality.

(b) Section 19.09(b) of the Mental Hygiene Law authorizes the Commissioner to adopt regulations necessary and proper to implement any matter under his or her jurisdiction.

(c) Section 19.40(c) of the Mental Hygiene Law authorizes the Commissioner to issue operating certificates for the provision of chemical dependence services.

(d) Sections 32.07(a) of the Mental Hygiene Law authorize the Commissioner 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.

(e) 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.

2. Legislative Objectives: Articles 19 and 32 of the Mental Hygiene Law authorize the promulgation of rules and regulations to regulate and assure the consistent quality of services provided within the state to persons with or at risk of a substance use disorder and/or problem gambling. The Office is also directed to foster programs for the training and development of persons capable of providing substance use disorder and gambling addiction services. This amendment will allow programs offering problem gambling services to be certified as a “special service” under Part 824 of the Regulations.

3. Needs and Benefits: The proposed rule is intended to replace the outdated term “chemical dependence” with “addiction services.” The term “addiction services” includes both substance use and problem gambling, and this amendment will allow programs that provide problem gambling services to be certified under Part 824 of the Regulations as a “special service.”

4. Costs: No additional administrative costs to the agency are anticipated since review of applications for credentials is an existing function. No additional costs to programs/providers are anticipated since their obligations for supervision are not changed.

5. Paperwork: The proposed regulation will not require any additional paperwork and may reduce paperwork due to documentation accessible on the agency website.

6. Local Government Mandates: This regulation imposes no new mandates on local governments operating certified OASAS programs even if they employ OASAS credentialed professionals.

7. Duplications: This proposed rule does not duplicate any State or federal statute or rule.

8. Alternatives: No alternatives were contemplated.

9. Federal Standards: This regulation does not conflict with federal standards.

10. Compliance Schedule: The Behavioral Health Services Advisory Council, comprised of community based behavioral health providers and impacted consumers, unanimously approved this regulation on June 24, 2020. This rulemaking will be effective upon publication of a Notice of Adoption in the State Register. The regulation was then published in the July 15, 2020 volume of the NYS register. Public comment ended on September 13, 2020 and no public comment was received by OASAS.

OASAS has determined that the rule will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments because it only makes minor updates to replace outdated terminology with current terminology consistent with legislative objectives. The Behavioral Health Services Advisory Council, comprised of community based behavioral health providers and impacted consumers, unanimously approved this regulation on June 24, 2020. The regulation was then published in the July 15, 20202 volume of the NYS register. Public comment ended on September 13, 2020 and no public comment was received by OASAS.

OASAS has determined that the rule will not impose any adverse impact on rural areas or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas because it only makes minor updates to replace outdated terminology with current terminology consistent with legislative objectives. The Behavioral Health Services Advisory Council, comprised of community based behavioral health providers and impacted consumers, unanimously approved this regulation on June 24, 2020. The regulation was then published in the July 15, 20202 volume of the NYS register. Public comment ended on September 13, 2020 and no public comment was received by OASAS.

No change in the number of jobs and employment opportunities is anticipated as a result of the proposed amendment to the regulations because the amendments seek to replace outdated terminology with current terminology, consistent with legislative objectives. The Office will not need to hire additional staff or reduce staff size; the proposed changes will not adversely impact jobs outside of the agency; the proposed changes will not result in the loss of any jobs within New York State. The Behavioral Health Services Advisory Council, comprised of community based behavioral health providers and impacted consumers, unanimously approved this regulation on June 24, 2020. The regulation was then published in the July 15, 20202 volume of the NYS register. Public comment ended on September 13, 2020 and no public comment was received by OASAS.

As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2026, which is no later than the 5th year after the year in which this rule is being adopted.

The agency received no public comment.