§ 32.01 Regulation and quality control of chemical dependence services. This article sets forth provisions enabling the commissioner to regulate and assure the consistent high quality of services provided within the state to persons suffering from chemical abuse or dependence, their families and significant others, and/or those who are at risk of becoming chemical abusers. […]
§ 32.02 Regulation and quality control of compulsive gambling services. (a) The commissioner may adopt any regulation reasonably necessary to regulate and ensure high quality of services to individuals suffering from compulsive gambling. (b) The requirements of this article are applicable to this section.
§ 32.03 Evaluation of chemical dependence services. (a) The commissioner shall ensure that all chemical dependence services provided under this chapter for persons who abuse and/or are dependent on alcohol and/or substances are periodically evaluated. (b) The commissioner shall, by regulations, establish and maintain evaluation criteria and methods which assure the utility of data generated […]
§ 32.05 Operating certificate required. (a) Except as provided in subdivision (b) of this section no provider of services shall engage in any of the following activities without an operating certificate issued by the commissioner pursuant to this article: 1. operation of a residential program, including a community residence for the care, custody, or treatment […]
§ 32.05-a Certified recovery residences. 1. The commissioner shall promulgate regulations consistent with this section for the voluntary certification of certified recovery residences. 2. Such regulations shall be evidence-based, utilizing information from sources with expertise in treatment and recovery. Such regulations shall, at a minimum, provide guidance for: (a) staffing; (b) referrals to and coordination […]
§ 32.06 Prohibited practices by providers of substance use disorder services. 1. For purposes of this section, unless the context clearly requires otherwise, “provider” shall mean any person, firm, partnership, group, practice association, fiduciary, employer, representative thereof or any other entity who is providing or purporting to provide substance use disorder services or operating or […]
§ 32.07 Regulatory powers of the commissioner. (a) The commissioner shall have the power to adopt regulations to effectuate the provisions and purposes of this article, including, but not limited to, the following: 1. establishing classes of operating certificates based upon such factors as physical plant, program, and staff; 2. specifying a definite period for […]
§ 32.09 Issuance of operating certificates. (a) No operating certificate shall be issued by the commissioner unless the commissioner is satisfied as to: 1. the public need for the chemical dependence services to be established upon the issuance of the operating certificate, taking into consideration local, regional, and statewide need; and 2. the character, competence […]
§ 32.11 Child abuse prevention. All providers of services described in subdivision (a) of section 32.05 of this article, shall: (a) develop, maintain and disseminate written policies and procedures pursuant to title six of article six of the social services law and applicable provisions of article ten of the family court act, regarding the mandatory […]
§ 32.13 Investigations and inspections. The commissioner shall have the power to conduct investigations into the operations of providers of services which are required by this article to have operating certificates and to make inspections and examine records, including, but not limited to, clinical and medical service and financial records of facilities to determine whether […]
§ 32.14 Compliance with operational standards by providers of services in general hospitals. (a) Notwithstanding the provisions of section 32.13 of this article, with respect to a provider of services as defined in section 1.03 of this chapter that is a general hospital, as defined in article twenty-eight of the public health law, which provides […]
§ 32.15 Powers of the office regarding investigation and inspection. (a) In conducting an investigation or inspection, the commissioner or his or her authorized representative shall have the power to inspect facilities, examine records, conduct examinations and interviews, and obtain such other information as may be required in order to carry out his or her […]
§ 32.17 Certain duties of providers of services. It shall be the duty of every holder of an operating certificate to assist both the office and the commission on quality of care for the mentally disabled in carrying out their respective and joint regulatory functions by: (a) complying with the provisions of this chapter, other […]
§ 32.17-a Notification of emergency contact. Every certified treatment program shall notify every patient of their right to identify individuals who should be contacted in case of emergency, as such term is defined by the commissioner.
§ 32.19 Powers of subpoena and examination. In conducting any investigation, inspection, or hearing under this chapter, the commissioner and his or her authorized representative are empowered to 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, […]
§ 32.20 Temporary operator. 1. For the purposes of this section: (a) “chemical dependence treatment program” shall mean a program certified pursuant to section 32.05 of this article; (b) “established operator” shall mean the operator of a chemical dependence treatment program that has been established and issued an operating certificate pursuant to section 32.05 of […]
§ 32.21 Suspension, revocation, or limitation of operating certificates and imposition of fines. (a) The commissioner may revoke, suspend, or limit an operating certificate upon a determination that the holder of the certificate has failed to comply with the terms of its operating certificate or with the provisions of any applicable statute, rule, or regulation. […]
§ 32.23 Formal hearings; procedure. (a) Unless otherwise provided by law, when a hearing must be afforded pursuant to this article, the hearing shall be held without undue delay and all parties shall be given reasonable notice of the time, place, and nature of the hearing. (b) The commissioner, acting as hearing officer, or any […]
§ 32.25 Confinement, care, and treatment of persons suffering from chemical abuse or dependence. (a) No individual who is or appears to be suffering from chemical abuse or dependence shall be detained, deprived of his or her liberty, or otherwise confined without lawful authority, or be inadequately, unskillfully, cruelly, or unsafely cared for or supervised […]
§ 32.27 Injunction and temporary restraining order. (a) The supreme court may enjoin violations or threatened violations of any provision of this article or violations of the regulations of the office established pursuant to this article. Upon request of the commissioner, the attorney general may maintain a proceeding in the supreme court in the name […]
