S T A T E O F N E W Y O R K
________________________________________________________________________
7255
I N S E N A T E
March 25, 2010
___________
Introduced by Sen. MORAHAN -- (at request of the Office of Alcoholism
and Substance Abuse Services) -- read twice and ordered printed, and
when printed to be committed to the Committee on Mental Health and
Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to defining the
scope of responsibilities of the office of alcoholism and substance
abuse services regarding recovery services, terms of operating certif-
icates and the DWI provider list, and permitting local departments of
social services to participate in the process of developing local
services plans
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions (a), (b), and (g) of section 19.07 of the
mental hygiene law, subdivision (a) as amended by section 4 of part I of
chapter 58 of the laws of 2005, subdivision (b) as added by chapter 223
of the laws of 1992, and subdivision (g) as amended by chapter 669 of
the laws of 2007, are amended to read as follows:
(a) The office of alcoholism and substance abuse services is charged
with the responsibility for assuring the development of comprehensive
plans, programs, and services in the areas of research, prevention,
care, treatment, rehabilitation, INCLUDING RELAPSE PREVENTION AND RECOV-
ERY MAINTENANCE, education, and training of persons who abuse or are
dependent on alcohol and/or substances and their families. Such plans,
programs, and services shall be developed with the cooperation of the
office, the other offices of the department where appropriate, local
governments, consumers and community organizations and entities. The
office shall provide appropriate facilities and shall encourage the
provision of facilities by local government and community organizations
and entities. The office is also responsible for developing plans,
programs and services related to compulsive gambling education,
prevention and treatment consistent with section 41.57 of this chapter.
(b) The office of alcoholism and substance abuse services shall advise
and assist the governor in improving services and developing policies
designed to meet the needs of persons who abuse or are dependent on
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15742-02-0
S. 7255 2
alcohol and/or substances and their families, and to encourage their
rehabilitation, MAINTENANCE OF RECOVERY, and functioning in society.
(g) The office of alcoholism and substance abuse services shall devel-
op, REVISE AND MAINTAIN a list of the names and locations of all
licensed agencies and alcohol and substance abuse professionals, as
defined in paragraphs (a) and (b) of subdivision one of section eleven
hundred ninety-eight-a of the vehicle and traffic law, throughout the
state which are capable of and available to provide an assessment of,
and treatment for, alcohol and substance abuse and dependency. Such list
shall be provided to the chief administrator of the office of court
administration and the commissioner of motor vehicles. PERSONS WHO MAY
BE AGGRIEVED BY AN AGENCY DECISION REGARDING INCLUSION ON THE LIST MAY
REQUEST AN ADMINISTRATIVE APPEAL IN ACCORDANCE WITH RULES AND REGU-
LATIONS OF THE OFFICE.
S 2. Subdivision (g) of section 19.09 of the mental hygiene law, as
amended by chapter 558 of the laws of 1999, is amended to read as
follows:
(g) The commissioner shall establish and operate chemical dependence
programs, facilities, and services for the [prevention of chemical abuse
and the treatment and rehabilitation] PREVENTION, TREATMENT, AND REHA-
BILITATION, INCLUDING RELAPSE PREVENTION AND RECOVERY MAINTENANCE, of
persons who abuse or are dependent on alcohol and/or substances, and
significant others not limited to the psychiatric model but embodying
all recognized or promising approaches.
S 3. Subdivision (c) of section 32.09 of the mental hygiene law, as
added by chapter 558 of the laws of 1999, is amended to read as follows:
(c) Operating certificates shall be valid for up to a [three-year]
FIVE YEAR period as shall be expressly provided upon such certificate or
renewal thereof.
S 4. Subdivisions (a) and (c) of section 41.16 of the mental hygiene
law, subdivision (a) as added by chapter 978 of the laws of 1977 and
subdivision (c) as amended by section 2 of chapter 99 of the laws of
1999, are amended to read as follows:
(a) Each of the offices of the department shall guide and facilitate
the process of local planning so that plans for the provision of all
services, including state and local services, can be formulated on the
basis of approved local plans and federal guidelines related to services
for the mentally disabled to reflect the distribution of needs and
resources of areas of the state. All providers of services, including
facilities of the offices of the department, directors of hospital based
mental health services, directors of community mental health centers,
and voluntary agencies shall participate in and provide information,
including budget data, for local planning processes. COUNTY COMMISSION-
ERS OF PUBLIC WELFARE OR OTHER AGENTS OF THE LOCAL DEPARTMENTS OF SOCIAL
SERVICES MAY PARTICIPATE IN THE PLANNING PROCESS.
(c) A local services plan or unified services plan shall be developed,
in accordance with the regulations of the commissioner or commissioners
of the office or offices of the department having jurisdiction of the
services by the local governmental unit or units which shall direct and
administer a local comprehensive planning process for its geographic
area, consistent with statewide goals and objectives established pursu-
ant to section 5.07 of this chapter. The planning process shall involve
the directors of any department facilities, directors of hospital based
mental health services, directors of community mental health centers,
consumers, consumer groups, voluntary agencies, other providers of
services, and local correctional facilities and other local criminal
S. 7255 3
justice agencies. COUNTY COMMISSIONERS OF PUBLIC WELFARE OR OTHER
AGENTS OF THE LOCAL DEPARTMENTS OF SOCIAL SERVICES MAY PARTICIPATE IN
THE PLANNING PROCESS. The local governmental unit, or units, shall
determine the proposed local services plan or unified services plan to
be submitted for approval. If any provider of services including facili-
ties in the department, or any representative of the consumer or commu-
nity interests within the local planning process, disputes any element
of the proposed plan for the area which it serves, the objection shall
be presented in writing to the director of the local governmental unit.
If such dispute cannot be resolved to the satisfaction of all parties,
the director shall determine the plan to be submitted. If requested and
supplied by the objecting party, a written objection to the plan shall
be appended thereto and transmitted to the single agent of the depart-
ment jointly designated by the commissioners.
S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.
