N.Y. Mental Hygiene Law § 19.09: Powers of the office and commissioner; how exercised

§ 19.09 Powers of the office and commissioner; how exercised.

(a) The commissioner shall exercise all powers vested in the office.

He or she may delegate any function, power, or duty assigned to him or

her or to the office of alcoholism and substance abuse services to a

director of a facility operated by such office or to any other officer

or employee of such office, unless otherwise provided by law.

(1) The commissioner may enter into agreements with the other

commissioners of the department in order to ensure that programs and

services are provided for all of the mentally disabled.

(2) Upon the request of a state agency, including but not limited to

the department of corrections and community supervision, the office of

probation and correctional alternatives, and the office of children and

family services, the commissioner shall have the power to provide

alcoholism, substance abuse, and chemical dependence services either

directly or through agreements with local certified or approved

providers to persons in the custody or under the jurisdiction of the

requesting agency within amounts available and within priorities

established through the planning process.

(3) The commissioner may coordinate alcoholism, alcohol abuse,

substance abuse, substance dependence and chemical dependence related

activities in all departments of the state by convening at regular

intervals a coordinating committee of representatives of the departments

of health, corrections and community supervision, labor, economic

development, education, and motor vehicles, and the office of temporary

and disability assistance and any other department or agency having an

interest therein.

(4) The commissioner shall meet on an ongoing basis with the

representatives of the New York state conference of local mental hygiene

directors to promote coordination and consistency of plans, rules, and

regulations governing the planning and financing of the care, treatment,

and rehabilitation of alcohol and substance abusers, to promote

coordination with the other offices of the department, and to assist

local governmental units in fulfilling their responsibilities pursuant

to this chapter.

(b) The commissioner may adopt regulations necessary and proper to

implement any matter under his or her jurisdiction. Proposed rules and

regulations regarding chemical dependence services shall be submitted to

the advisory council on alcoholism and substance abuse services for its

advice, in accordance with this article, unless the commissioner finds

that the public health, safety, or general welfare requires that such

regulation be promulgated as an emergency rulemaking.

(c) In conducting any investigation, audit, financial review,

inspection, or hearing, the commissioner may 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, inspection, or hearing. Subpoenas issued shall be

regulated by the civil practice law and rules. The confidentiality of

information obtained by the commissioner from patients' records shall be

maintained in accordance with state and federal law.

(d) The commissioner shall survey and analyze the state's needs, and

with the advice of the advisory council on alcoholism and substance

abuse services, shall, in accordance with the requirements of section

5.07 and article twenty-five of this chapter, as it pertains to

substance abuse services, and article forty-one of this chapter, as it

pertains to alcoholism services, formulate a comprehensive plan for long

range development, through utilization of a network of federal, state,

local and private resources, of adequate services and facilities for the

prevention and control of chemical abuse or dependence and from time to

time revise such plan, ensuring that such plans have as part of their

goal the delivery of services to the elderly and women and children,

including pregnant women unless such programs have provided for the

treatment of pregnant women through a transfer agreement with another

provider.

(e) The commissioner shall execute the policies of the state

concerning alcoholism and substance abuse services.

(1) In furtherance thereof, within the amounts made available by

appropriation and with the approval of the division of the budget, the

commissioner shall have the authority to make grants or enter into

agreements with alcoholism or substance abuse programs, or other

appropriate entities. Special emphasis shall be placed on those

geographic areas with a high prevalence of alcoholism, alcohol abuse,

substance abuse, substance dependence, or chemical dependence.

(2) The office shall be the authority, when designated by the

governor, to supervise and administer financial or technical assistance

as the designee under a state plan or as may be required by federal

legislation making such assistance available for programs or activities

in alcoholism, alcohol abuse, substance abuse, substance dependence, and

chemical dependence, and other areas under its jurisdiction and control.

(f) The commissioner shall administer all state, local, private, and

federal funds, excluding those provided under title XIX or XX of the

federal social security act, made available to the state for the

provision of alcoholism, substance abuse, or chemical dependence

services subject to the approval of the director of the budget.

(g) The commissioner shall establish and operate chemical dependence

programs, facilities, and services for the prevention, treatment, and

rehabilitation, 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.

(h) The commissioner shall promulgate rules and regulations requiring

the division of horse racing and pari-mutuel wagering and the division

of gaming to provide for the posting of signs in facilities regulated by

the division of horse racing and pari-mutuel wagering and facilities

regulated by the division of gaming advising patrons where to get help

in dealing with a compulsion to gamble. In addition, the information

contained on such signs shall be posted on the internet at appropriate

internet sites. Such signs and information posted on the internet shall

include, but not be limited to, notice of the availability of one or

more organizations, approved by the commissioner, that offer assistance

in the prevention and treatment of compulsive gambling. Such signs, not

less than eight and one-half inches by eleven inches, shall be posted in

a prominent manner and within reasonable distance of each entrance and

exit by the facility that conducts the gambling. Such signs shall be

available at the division of gaming and the office of alcoholism and

substance abuse services and shall be distributed by the division of

gaming.

(i) (1) The office, in cooperation with the department of

environmental conservation, shall post on the office website information

which includes but is not limited to the required steps and guidelines

for any municipality, pharmacy, local law enforcement agency, or

community group to conduct a household pharmaceutical collection event.

(2) Pursuant to section 27-2703 of the environmental conversation law,

as added by chapter six hundred twenty-five of the laws of two thousand

eight, the commissioner, in consultation with the department may assist

in the development of a public information program on the proper

disposal of drugs and drug disposal sites. The office shall disseminate

such information by any means deemed appropriate by the commissioner.

(j) (1) The commissioner, in consultation with the commissioner of

health, shall create or utilize existing educational materials regarding

the dangers of misuse and the potential for addiction to prescription

controlled substances, treatment resources available, and the proper way

to dispose of unused prescription controlled substances in accordance

with paragraph two of this subdivision.

(i) Such materials shall be made available to pharmacies registered in

the state, and shall be distributed at the time of dispensing with any

prescribed drug that is a controlled substance. Information disseminated

pursuant to this paragraph may, at the option of the consumer, be

distributed through electronic means.

(ii) Such materials shall also be posted on the website of the office

of alcoholism and substance abuse services and of the department of

health, and shall be provided in languages other than English as deemed

appropriate by the commissioners, but shall include the ten most

commonly spoken languages, aside from English, in the state.

(2) The educational materials required in paragraph one of this

subdivision shall include the following:

(a) the risks of using or consuming such controlled substances;

(b) the physical, behavioral and advanced warning signs of addiction

to such controlled substances;

(c) the HOPELINE telephone contract number (1-877-8-HOPE-NY) and text

(HOPENY) for the HOPELINE operated by the office, or any number that

succeeds the HOPELINE;

(d) the procedures for the safe disposal of unused controlled

substances established pursuant to section thirty-three hundred

forty-three-b of the public health law; and

(e) such other information as the commissioner shall determine to be

necessary or informative relating to the use, consumption or abuse of,

or addiction to controlled substances.

(3) A pharmacy may also provide additional information regarding the

safe disposal of controlled substances, including but not limited to any

disposal program that such pharmacy is operating or participating in

outside of the programs under section thirty-three hundred forty-three-b

of the public health law.

(k) The commissioner, in consultation with the New York state gaming

commission, is authorized and directed to commission a statewide

evaluation regarding the extent of gambling by New York state residents,

including, but not limited to the lottery, horse racing, Native American

casinos, internet gambling, sports betting, and poker. Such evaluation

shall be delivered to the governor and legislature no later than

December first, two thousand twenty-three. The evaluation shall be

prepared by an independent entity and selected through a request for

proposal process. Such evaluation shall include:

(1) the percentage of New York residents participating in each

gambling activity by:

(a) age;

(b) race;

(c) income;

(d) education;

(e) sex; and

(f) any other demographic that would be relevant to the evaluation;

and

(2) an estimate of the amount of money being wagered and lost by New

York residents in each gambling activity.

* (l)(1) The office, in consultation with the department of health,

shall maintain on its website a publicly available directory of all

distributors of opioid antagonists to the public, including but not

limited to, pharmacies, prevention programs and not-for-profits. As used

in this subdivision, the following terms shall have the following

meanings:

(i) "Opioid" means an opiate as defined in section thirty-three

hundred two of the public health law.

(ii) "Opioid antagonist" means a federal food and drug

administration-approved drug that, when administered, negates or

neutralizes in whole or in part the pharmacological effects of an opioid

in the body. The opioid antagonist shall be limited to naloxone or other

medications approved by the department of health for this purpose.

(2) The directory required by this subdivision shall include and be

searchable by the following information:

(i) addresses of each distributor of opioid antagonists;

(ii) contact information, such as phone numbers or email addresses,

for each distributor;

(iii) services offered by each distributor at each location if more

than one, as well as information providing which opioid antagonists are

currently available at each distributor;

(iv) special populations served;

(v) insurance providers accepted;

(vi) hours of operation of each distributor;

(vii) contact information of opioid addiction prevention programs; and

(viii) any other information the commissioner deems necessary.

(3) The office may utilize an existing directory to satisfy the

requirements of this subdivision.

* NB There are 2 sb (l)'s

* (l) The commissioner shall identify or develop educational materials

regarding compulsive gambling for the purpose of informing individuals

about the dangers of problem gambling as well as treatment opportunities

that may be available to them. Such educational materials shall be

provided to individuals when they voluntarily place themselves on a

self-exclusion list of an association or corporation licensed or

enfranchised by the New York state gaming commission pursuant to section

one hundred eleven of the racing, pari-mutuel wagering and breeding law.

Such materials shall also be made available on the website of the

office. To the extent that a gaming facility licensed pursuant to

article thirteen of the racing, pari-mutuel wagering and breeding law

has already created materials pursuant to section thirteen hundred

sixty-two of the racing, pari-mutuel wagering and breeding law that

effectuate the intent of this subdivision, such educational materials

may be utilized by the gaming facility instead of ones identified or

developed by the commissioner.

* NB There are 2 sb (l)'s