S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3528--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Alcoholism and Substance
   Abuse -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the mental hygiene law, in relation to setting standards
   for addiction professionals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 19.07 of the mental hygiene law, as added by chap-
 ter 223 of the laws of 1992, subdivisions (a)  and  (g)  as  amended  by
 chapter  271 of the laws of 2010, subdivisions (b) and (c) as amended by
 chapter 281 of the laws of 2019, subdivision (d) as amended by section 5
 of part I of chapter 58 of the laws of 2005 and the opening paragraph of
 paragraph 1 of subdivision (d) as amended by chapter 449 of the laws  of
 2021,  subdivision  (e)  as  amended by chapter 558 of the laws of 1999,
 subdivision (f) as added by chapter 383 of the laws of 1998, subdivision
 (h) as separately amended by chapters 322 and 494 of the laws  of  2021,
 subdivision  (i)  as amended by section 31-a of part AA of chapter 56 of
 the laws of 2019, subdivision (j) as amended by chapter 146 of the  laws
 of  2014,  subdivision  (k) as added by  chapter 40 of the laws of 2014,
 subdivision (l) as added by chapter 323 of the laws of 2018, subdivision
 (m) as added by chapter 493 of the laws  of  2019,  subdivision  (n)  as
 added by chapter 190 of the laws of 2021 and subdivision (n) as added by
 chapter 762 of the laws of 2022, is amended to read as follows:
 § 19.07 Office  of  [alcoholism  and substance abuse services] ADDICTION
           SERVICES AND SUPPORTS; scope of responsibilities.
   (a) The office of [alcoholism and substance abuse services]  ADDICTION
 SERVICES  AND  SUPPORTS  is charged with the responsibility for assuring
 the development of comprehensive plans, programs, and  services  in  the
 areas  of research, prevention, care, treatment, rehabilitation, includ-
 ing relapse prevention and recovery maintenance, education, and training
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07098-02-3
              

 S. 3528--A                          2
 
 of persons who [abuse or are dependent  on  alcohol  and/or  substances]
 HAVE  OR  ARE  AT  RISK OF AN ADDICTIVE DISORDER and their families. THE
 TERM ADDICTIVE DISORDER SHALL  INCLUDE  COMPULSIVE  GAMBLING  EDUCATION,
 PREVENTION  AND TREATMENT CONSISTENT WITH SECTION 41.57 OF THIS CHAPTER.
 Such plans, programs, and services shall be developed with  the  cooper-
 ation of the office, the other offices of the department where appropri-
 ate,  local governments, consumers and community organizations and enti-
 ties.  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 develop-
 ing plans, programs and services related to compulsive  gambling  educa-
 tion,  prevention  and  treatment  consistent with section 41.57 of this
 chapter.]
   (b) The office of [alcoholism and substance abuse services]  ADDICTION
 SERVICES  AND SUPPORTS shall advise and assist the governor in improving
 services and developing policies designed to meet the needs  of  persons
 who  suffer from OR ARE AT RISK OF an addictive disorder and their fami-
 lies, and to encourage their rehabilitation,  maintenance  of  recovery,
 and functioning in society.
   (c)  The office of [alcoholism and substance abuse services] ADDICTION
 SERVICES AND SUPPORTS shall have  the  responsibility  for  seeing  that
 persons  who  suffer  from  OR  ARE AT RISK OF an addictive disorder and
 their families are provided with addiction services, care and treatment,
 and that such services, care, treatment and rehabilitation  is  of  high
 quality  and  effectiveness,  and  that the personal and civil rights of
 persons seeking and receiving addiction services,  care,  treatment  and
 rehabilitation are adequately protected.
   (d)  The office of [alcoholism and substance abuse services] ADDICTION
 SERVICES AND SUPPORTS shall foster programs for the training and  devel-
 opment of persons capable of providing the foregoing services, including
 but  not  limited  to  a  process of issuing, either directly or through
 contract, LICENSES,  credentials,  CERTIFICATES  OR  AUTHORIZATIONS  for
 [alcoholism and substance abuse counselors or gambling] addiction [coun-
 selors] PROFESSIONALS in accordance with the following:
   (1) The office shall establish minimum qualifications [for counselors]
 AND  A  DEFINITION  OF  THE  PRACTICE  OF THE PROFESSION OF AN ADDICTION
 PROFESSIONAL in all phases of delivery of services to persons and  their
 families  who  are suffering from [alcohol and/or substance abuse and/or
 chemical dependence and/or compulsive gambling that  shall  include]  OR
 ARE  AT  RISK OF AN ADDICTIVE DISORDER INCLUDING, but not be limited to,
 completion of approved courses of study or equivalent on-the-job experi-
 ence in [alcoholism and substance abuse counseling and/or counseling  of
 compulsive  gambling] ADDICTION DISORDER SERVICES. Such approved courses
 of study or equivalent on-the-job experience  shall  include:  providing
 trauma-informed,  patient-centered care; referring individuals to appro-
 priate treatments for co-occurring disorders; and sensitivity  training.
 Such  courses  shall be updated as needed to reflect evolving best prac-
 tices in harm reduction,  treatment  and  long-term  recovery.  For  the
 purposes  of  this  paragraph, sensitivity training shall mean a form of
 training with the goal of making people more aware of their  own  preju-
 dices and more sensitive to others.
   (i)  The  office  shall  establish procedures for issuing, directly or
 through contract, LICENSES, credentials, CERTIFICATES OR  AUTHORIZATIONS
 to [counselors] ADDICTION PROFESSIONALS who meet minimum qualifications,
 including  the  establishment  of  appropriate  fees,  and shall further
 establish procedures to suspend, revoke, or annul such LICENSES, creden-
 S. 3528--A                          3
 
 tials, CERTIFICATES OR AUTHORIZATIONS for good  cause.  Such  procedures
 shall be promulgated by the commissioner by rule or regulation.
   (ii)  The  commissioner shall establish [a credentialing] AN ADDICTION
 PROFESSIONALS board which shall provide advice concerning the LICENSING,
 credentialing, CERTIFICATION OR AUTHORIZATION process.
   (III) THE COMMISSIONER SHALL ESTABLISH FEES FOR THE EDUCATION,  TRAIN-
 ING,   LICENSING,   CREDENTIALING,  CERTIFICATION  OR  AUTHORIZATION  OF
 ADDICTION PROFESSIONALS.
   (2) The establishment, with the advice  of  the  advisory  council  on
 alcoholism  and  substance abuse services, of minimum qualifications for
 [counselors] ADDICTION  PROFESSIONALS  in  all  phases  of  delivery  of
 services  to those suffering from [alcoholism, substance and/or chemical
 abuse and/or dependence and/or compulsive gambling] OR AT RISK OF ADDIC-
 TIVE DISORDERS and their families that shall include, but not be limited
 to, completion of approved courses of  study  or  equivalent  on-the-job
 experience  in  [counseling  for  alcoholism,  substance and/or chemical
 abuse and/or dependence] ADDICTION DISORDER SERVICES and/or [compulsive]
 gambling  DISORDER  SERVICES,  and  ESTABLISH  APPROPRIATE  FEES,  issue
 LICENSES,  credentials,  CERTIFICATES  OR AUTHORIZATIONS to [counselors]
 ADDICTION PROFESSIONALS who meet  minimum  qualifications  and  suspend,
 revoke,  or  annul  such LICENSES, credentials, CERTIFICATES OR AUTHORI-
 ZATIONS for good cause in accordance with procedures promulgated by  the
 commissioner by rule or regulation.
   (3)  For the purpose of this title, the term "ADDICTION PROFESSIONAL",
 INCLUDING "credentialed alcoholism and  substance  abuse  counselor"  or
 "C.A.S.A.C.", means an official designation identifying an individual as
 one  who  holds  a  currently  registered and valid LICENSE, credential,
 CERTIFICATE OR AUTHORIZATION issued OR APPROVED by the office of  [alco-
 holism  and  substance  abuse  services] ADDICTION SERVICES AND SUPPORTS
 pursuant to this section which documents an individual's  qualifications
 to  provide [alcoholism and substance abuse counseling] ADDICTION DISOR-
 DER SERVICES. The term "gambling  addiction  [counselor"]  PROFESSIONAL"
 means an official designation identifying an individual as one who holds
 a  currently  registered  and  valid LICENSE, credential, CERTIFICATE OR
 AUTHORIZATION issued by the office of [alcoholism  and  substance  abuse
 services] ADDICTION SERVICES AND SUPPORTS pursuant to this section which
 documents  an individual's qualifications to provide [compulsive] gambl-
 ing [counseling] DISORDER SERVICES.
   (i) No  person  shall  use  the  title  [credentialed  alcoholism  and
 substance  abuse counselor or "C.A.S.A.C." or gambling addiction counse-
 lor] "ADDICTION PROFESSIONAL"  OR  THE  TITLE  GIVEN  TO  ANY  LICENSES,
 CREDENTIALS,  CERTIFICATES OR AUTHORIZATIONS ISSUED BY THE OFFICE unless
 authorized [pursuant to] BY THE COMMISSIONER  IN  ACCORDANCE  WITH  this
 title.
   (ii)  Failure  to  comply  with the requirements of this section shall
 constitute a violation as defined in the penal law.
   (4) All persons holding previously  issued  and  valid  alcoholism  or
 substance  abuse counselor credentials ISSUED BY THE OFFICE OR AN ENTITY
 DESIGNATED BY  THE  OFFICE,  INCLUDING  A  CREDENTIALED  ALCOHOLISM  AND
 SUBSTANCE ABUSE COUNSELOR, CERTIFIED PREVENTION SPECIALIST, CREDENTIALED
 PREVENTION PROFESSIONAL, CREDENTIALED PROBLEM GAMBLING COUNSELOR, GAMBL-
 ING  SPECIALTY DESIGNATION, AND CERTIFIED RECOVERY PEER ADVOCATE, on the
 effective date of amendments to this section shall be deemed [C.A.S.A.C.
 designated] AN ADDICTION PROFESSIONAL CONSISTENT WITH  THEIR  EXPERIENCE
 AND EDUCATION.
 S. 3528--A                          4
 
   (e)  Consistent  with  the  requirements of subdivision (b) of section
 5.05 of this chapter, the office shall carry out the provisions of arti-
 cle thirty-two of this chapter as such article  pertains  to  regulation
 and   quality   control  of  [chemical  dependence]  ADDICTION  DISORDER
 services,  including  but  not limited to the establishment of standards
 for determining the necessity and appropriateness of care  and  services
 provided  by  [chemical  dependence]  ADDICTION  DISORDER  providers  of
 services. In implementing this subdivision, the commissioner, in consul-
 tation with the commissioner of health, shall adopt standards  including
 necessary  rules  and regulations including but not limited to those for
 determining the necessity or appropriate level of admission, controlling
 the length of stay and the provision of services, and  establishing  the
 methods and procedures for making such determination.
   (f)  The office of [alcoholism and substance abuse services] ADDICTION
 SERVICES AND SUPPORTS shall develop a list of  all  agencies  throughout
 the state which are currently certified by the office and are capable of
 and  available  to provide evaluations in accordance with section sixty-
 five-b of the alcoholic beverage control law so as to determine need for
 treatment pursuant to such section and to  assure  the  availability  of
 such  evaluation  services  by  a  certified  agency within a reasonable
 distance of every court of a local jurisdiction in the state. Such  list
 shall be updated on a regular basis and shall be made available to every
 supreme  court  law  library  in this state, or, if no supreme court law
 library is available in a certain county, to the county court library of
 such county. THE COMMISSIONER MAY ESTABLISH AN ANNUAL FEE FOR  INCLUSION
 ON SUCH LIST.
   (g)  The office of [alcoholism and substance abuse services] ADDICTION
 SERVICES AND SUPPORTS shall develop and maintain a list of the names and
 locations of all licensed agencies and  [alcohol  and  substance  abuse]
 ADDICTION  professionals, as defined in paragraphs (a) and (b) of subdi-
 vision 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] ADDICTION DISORDERS. 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 agen-
 cy decision regarding inclusion on the list may request  an  administra-
 tive  appeal in accordance with rules and regulations of the office. THE
 COMMISSIONER MAY ESTABLISH AN ANNUAL FEE FOR INCLUSION ON SUCH LIST.
   (h) The office  of  addiction  services  and  supports  shall  monitor
 programs  providing  care  and  treatment to incarcerated individuals in
 correctional facilities operated by the department  of  corrections  and
 community  supervision  who  have a history of [alcohol or substance use
 disorder or dependence] AN ADDICTION DISORDER.   The office  shall  also
 develop  guidelines  for  the  operation  of  [alcohol and substance use
 disorder treatment programs] ADDICTION DISORDER SERVICES in such correc-
 tional facilities, based on best practices, and tailored to  the  nature
 of the individual's substance use, history of past treatment, and histo-
 ry of mental illness or trauma, which may include harm reduction strate-
 gies, in order to ensure that such [programs] SERVICES sufficiently meet
 the  needs  of  incarcerated  individuals  with a history of [alcohol or
 substance use disorder or dependence]  AN ADDICTION DISORDER and promote
 the successful transition to treatment in the community upon release. No
 later than the first day of December of  each  year,  the  office  shall
 submit  a report regarding: (1) the adequacy and effectiveness of [alco-
 hol and substance use disorder treatment  programs]  ADDICTION  DISORDER
 S. 3528--A                          5
 
 SERVICES  operated by the department of corrections and community super-
 vision; (2) the total number of incarcerated individuals in correctional
 facilities that have been screened  for,  and  determined  to  have,  [a
 substance  use]  AN  ADDICTION disorder; (3) information regarding which
 substances incarcerated individuals are  most  dependent  upon  and  the
 available treatment for such individuals within each correctional facil-
 ity;  (4) the total number of individuals who participate in each of the
 [treatment programs] ADDICTION DISORDER SERVICES operated by the depart-
 ment of corrections and community supervision; and (5) the total  number
 of  individuals  who participated in [a substance use disorder treatment
 program]  ADDICTION  DISORDER  SERVICES  but  failed  to  complete  such
 [program]  SERVICES,  as  well  as whether such failure to complete [the
 program] SUCH ADDICTION DISORDER SERVICES was a result  of  disciplinary
 action  taken by the facility against the individual for instances unre-
 lated to their participation in [the treatment program]  SUCH  SERVICES.
 The  department  of  corrections and community supervision shall provide
 the office with information needed to complete this report. Such  report
 shall  be  sent  to the governor, the temporary president of the senate,
 the speaker of the assembly, the chairman of  the  senate  committee  on
 crime  victims,  crime  and correction, and the chairman of the assembly
 committee on correction.
   (i) The office of [alcoholism and substance abuse services]  ADDICTION
 SERVICES AND SUPPORTS shall periodically, in consultation with the state
 director  of veterans' services: (1) review the programs operated by the
 office to ensure that the needs of the state's veterans  who  served  in
 the  U.S.  armed  forces  and  who  are  recovering from [alcohol and/or
 substance abuse] AN ADDICTION DISORDER are  being  met  and  to  develop
 improvements  to  programs  to meet such needs; and (2) in collaboration
 with the state director of veterans' services and  the  commissioner  of
 the  office of mental health, review and make recommendations to improve
 programs that provide treatment, rehabilitation, relapse prevention, and
 recovery services to veterans who have served in  a  combat  theatre  or
 combat  zone  of  operations  and  have a co-occurring mental health and
 [alcoholism or substance abuse] ADDICTION disorder.
   (j) The office, in consultation with the state  education  department,
 shall identify or develop materials on problem gambling among school-age
 youth  which  may  be used by school districts and boards of cooperative
 educational services, at  their  option,  to  educate  students  on  the
 dangers  and  consequences of problem gambling as they deem appropriate.
 Such materials shall be available on the internet website of  the  state
 education department. The internet website of the office shall provide a
 hyperlink  to  the  internet page of the state education department that
 displays such materials.
   (k) Heroin and opioid addiction awareness and education  program.  The
 commissioner,  in cooperation with the commissioner of the department of
 health, shall develop and conduct a  public  awareness  and  educational
 campaign  on  heroin  and  opioid  addiction. The campaign shall utilize
 public forums, social media and mass media, including, but  not  limited
 to,  internet, radio, and print advertising such as billboards and post-
 ers and shall also include posting of materials and information  on  the
 office  website.  The  campaign  shall  be  tailored  to  educate youth,
 parents, healthcare professionals and the general public regarding:  (1)
 the  risks  associated  with the abuse and misuse of heroin and opioids;
 (2) how to recognize the signs  of  addiction;  and  (3)  the  resources
 available  for those needing assistance with heroin or opioid addiction.
 The campaign shall further be  designed  to  enhance  awareness  of  the
 S. 3528--A                          6
 
 opioid  overdose prevention program authorized pursuant to section thir-
 ty-three hundred nine of the public health law and the  "Good  Samaritan
 law" established pursuant to sections 220.03 and 220.78 of the penal law
 and  section  390.40  of  the  criminal procedure law, and to reduce the
 stigma associated with addiction.
   (l) The office of [alcoholism and substance abuse services]  ADDICTION
 SERVICES  AND SUPPORTS, in consultation with the state education depart-
 ment, shall develop or utilize  existing  educational  materials  to  be
 provided  to  school  districts  and  boards  of cooperative educational
 services for use in addition to or in  conjunction  with  any  drug  and
 alcohol  related  curriculum  regarding the misuse and abuse of alcohol,
 tobacco, prescription medication and other drugs with an increased focus
 on substances that are most prevalent among school aged  youth  as  such
 term is defined in section eight hundred four of the education law. Such
 materials  shall  be age appropriate for school age children, and to the
 extent practicable, shall include information or resources  for  parents
 to identify the warning signs and address the risks of substance [abuse]
 MISUSE AND ADDICTION.
   (m)  (1)  The office shall report on the status and outcomes of initi-
 atives created in response to the heroin  and  opioid  epidemic  to  the
 temporary  president  of  the  senate,  the speaker of the assembly, the
 chairs of the assembly and senate  committees  on  alcoholism  and  drug
 abuse,  the chair of the assembly ways and means committee and the chair
 of the senate finance committee.
   (2) Such reports shall include, to the extent practicable and applica-
 ble, information on:
   (i) The number of  individuals  enrolled  in  the  initiative  in  the
 preceding quarter;
   (ii)  The number of individuals who completed the treatment program in
 the preceding quarter;
   (iii) The number of individuals discharged from the treatment  program
 in the preceding quarter;
   (iv) The age and sex of the individuals served;
   (v) Relevant regional data about the individuals;
   (vi) The populations served; and
   (vii) The outcomes and effectiveness of each initiative surveyed.
   (3)  Such  initiatives shall include opioid treatment programs, crisis
 detoxification programs, 24/7 open access centers, adolescent club hous-
 es, family navigator programs,  peer  engagement  specialists,  recovery
 community  and outreach centers, regional addiction resource centers and
 the state implementation of the federal opioid state  targeted  response
 initiatives.
   (4)  Such  information shall be provided quarterly, beginning no later
 than July first, two thousand nineteen.
   (n) The office in consultation with the office of mental  health,  the
 department  of health, the division of housing and community renewal and
 any other agency that may oversee  an  appropriate  program  or  service
 shall  monitor and ensure funds appropriated pursuant to section ninety-
 nine-nn of the state finance law are expended for services and  programs
 in accordance with such section.
   [(n)]  (O) The office of addiction services and supports, in consulta-
 tion with the commissioner of health,  shall  provide  and  publish,  in
 electronic  or  other format, training materials for health care provid-
 ers, as defined by subdivision six of section two  hundred  thirty-eight
 of the public health law, and qualified health professionals, recognized
 by  the  office  to  enable  the  implementation of the screening, brief
 S. 3528--A                          7
 
 intervention, and referral to treatment program (SBIRT).  Such  training
 materials shall include any and all materials necessary to inform health
 care  providers  and  qualified  health  professionals of the method for
 administering  the SBIRT program to a patient in the care of health care
 providers or qualified health  professionals.  Such  training  materials
 shall  be  made  available to health care providers and qualified health
 professionals through the  official  websites  of  the  office  and  the
 department  of  health  and by any other means deemed appropriate by the
 commissioner.
   § 2. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.