(a) Section 19.07(c) of the Mental Hygiene Law (MHL) charges the commissioner (commissioner) of the New York State Office of Alcoholism and Substance Abuse Services (the office) with the responsibility of ensuring that the personal and civil rights of persons receiving care, treatment and rehabilitation are adequately protected.
(b) Section 19.07(e) of the MHL authorizes the commissioner to adopt standards including necessary rules and regulations pertaining to chemical dependence services.
(c) Section 19.09(b) of the MHL authorizes the commissioner to adopt regulations necessary and proper to implement any matter under their jurisdiction.
(d) Section 19.20 of the MHL authorizes the office to receive and review criminal history information from the Justice Center related to employees or volunteers of treatment facilities certified, licensed, funded or operated by the office.
(e) Section 19.20-a of the MHL authorizes the office to receive and review criminal history information from the Justice Center related to persons seeking to be credentialed by the office or applicants for an operating certificate issued by the office.
(f) Section 19.21(b) of the MHL authorizes the commissioner to adopt regulations concerning the licensing, certification, inspection, and treatment standards of all facilities that treat alcoholism and substance dependency.
(g) Section 22.03 of the MHL requires the director of any chemical dependency program to establish, communicate and post patient rights, to include information about how to communicate with the office and the commissioner.
(h) Section 22.07(c) of the MHL authorizes the commissioner to adopt rules and regulations and take any other necessary action to ensure that the rights of individuals who have received or are receiving chemical dependence services are protected.
(i) Section 32.01 of the MHL 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 MHL.
(j) Section 32.07(a) of the MHL authorizes the commissioner to adopt regulations to effectuate the provisions and purposes of article 32 of the MHL.
(k) Section 32.05 of the MHL indicates that no provider of services shall engage in any chemical dependence treatment activities without an operating certificate issued by the commissioner.
(l) Section 492 of the Social Services Law established the Vulnerable Persons’ Central Register.
(m) The Protection of People with Special Needs Act (chapter 501 of the Laws of 2012) established the Justice Center for the Protection of People with Special Needs.
(n) Section 32.06 of the MHL prohibits the offering or acceptance of a payment, benefit or consideration in any form, in exchange for the referral of any person as a potential patient for substance use disorder services.