Section 830.1 sets forth the Applicability of this new Part.

§ 830.2 sets forth the legal basis for the provisions in this Part.

§ 830.3 defines terms applicable to this Part.

§ 830.4 consolidates certain provisions related to acupuncture in treatment programs from the previous Part 830.

§ 830.5 sets forth the requirements for Office approval for a certified provider to offer certain medical services (assessment, medication assisted treatment and monitoring) via real-time audio-video systems referred to as “telepractice.”

§ 830.6 Standard severability clause.

1. Statutory Authority:

(a) Section 19.07(e) of the Mental Hygiene Law authorizes the Commissioner (“Commissioner”) of the Office to adopt standards including necessary rules and regulations pertaining to chemical dependence services.

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

(d) Section 32.01 of the Mental Hygiene Law authorizes 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 32.07(a) of the Mental Hygiene Law authorizes the Commissioner to adopt regulations to effectuate the provisions and purposes of Article 32 of the Mental Hygiene Law.

(f) Article 160 of the Education Law provides for the licensure or certification of acupuncturists and limited practice of unlicensed persons in treatment of substance use disorder.

2. Legislative Objectives: The legislature has authorized OASAS to establish standards and regulations governing the treatment of persons suffering from substance use disorders, which standards reflect best practices for treatment specific to the needs of the treatment programs certified by the Office. This rule was approved for advancement by the Behavioral Health Services Advisory Council on September 20, 2016.

3. Needs and Benefits: The proposal consolidates provisions of an existing regulation into a new Part, which Part can be added to as new optional services are recognized as effective means for treatment of substance use disorder. Telepractice as a cost effective means of delivering essential medical services, and can alleviate a challenge for providers in rural areas who have difficulty recruiting and maintaining MDs and other prescribing professionals. This will allow the population in under-served areas to receive services, particularly buprenorphine, for treatment of opioid dependence in the midst of the opioid addiction crisis statewide and increase the availability of such treatment in all areas of the state.

The practice of medicine and behavioral health methods of effective treatment of substance use disorder, including use of technology, have evolved considerably in recent decades. To accommodate those changes, statutes have changed, practices once considered experimental have become mainstream. This proposal repeals outdated provisions of a stand-alone regulation for acupuncture treatment, consolidates language and retains provisions which can be regulated by the Office. The proposal also adds a new ancillary (optional) service of telepractice which providers with adequate technology may choose to implement. Telepractice will make it possible for providers to offer medical assessments, medication assisted treatment (MAT) and monitoring in a means that is a more efficient and cost effective use of limited medical personnel.

4. Costs: No additional administrative costs to the agency are anticipated since review of applications for ancillary services is an existing function; no additional costs to programs/providers are anticipated if providers already have acupuncture staff or already have appropriate audio/video technology. If new technology is needed, adding technology for telepractice is more cost effective than hiring an on-site medical practitioner.

5. Paperwork: The proposed regulation will require an application process for telepractice.

6. Local Government Mandates: There are no new local government mandates.

7. Duplications: This proposed rule does not duplicate, overlap, or conflict with any State or federal statute or rule.

8. Alternatives: Continue with outdated regulations that are not consistent with current standards, or create a new stand-alone regulation. Acupuncture, once considered experimental, is now an accepted part of medical treatment for many physiological conditions. The regulated profession of acupuncture and its application has been integrated into OASAS treatment programs since 1990 such that the extent of specificity in regulation was no longer necessary to ensure continued quality treatment. The new rule does not reduce standards but consolidates language into a more concise regulation. No rule exists for Telepractice; since it will be utilized only by providers who request authorization to use this as an ancillary service it was deemed that a stand-along regulation for this service was not necessary.

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

10. Compliance Schedule: This rulemaking will be effective upon publication of a Notice of Adoption in the State Register.

OASAS has determined that the rule will not impose any adverse impact on small businesses or local governments. This rulemaking proposal has been reviewed by the Behavioral Health Services Advisory Council (approved for advancement September 20, 2016) consisting of affected OASAS providers of all sizes from diverse municipalities, and including local governments. The proposal is supported by providers of all modalities because it consolidates an existing acupuncture regulation more appropriately as an ancillary service, and adds the option of “telepractice” allowing for more provider flexibility.

The proposed rule is posted on the agency website. Agency review process involves input from trade organizations representing providers in diverse geographic locations, local governments, and other behavioral health providers.

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. This rulemaking proposal has been reviewed by the Behavioral Health Services Advisory Council (approved for advancement September 20, 2016) consisting of affected OASAS providers of all sizes from diverse municipalities, and including local governments. The proposal is supported by providers of all modalities because it consolidates an acupuncture regulation more appropriately as an ancillary service, and adds the option of “telepractice” allowing for more provider flexibility.

The proposed rule is posted on the agency website. Agency review process involves input from trade organizations representing providers in diverse geographic locations and other behavioral health providers.

No change in the number of jobs and employment opportunities is anticipated as a result of the proposed new regulation because the amendments either clarify or streamline provider actions which will not be eliminated or supplemented. Treatment providers already providing acupuncture or telepractice services 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.