NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3848
SPONSOR: Jackson TITLE OF BILL:
An act to amend the mental hygiene law, in relation to setting standards
for addiction professionals
PURPOSE:
Relates to setting standards for addiction professionals
SUMMARY OF PROVISIONS:
Section 1 amends section 19..07 of the mental hygiene law. Subdivision
(a) is amended to modify who would be provided services as a person who
have or are at risk of an addictive disorder. The term addictive disor-
der is expanded to include gambling disorder education, prevention and
treatment consistent with section 41.57 of this chapter.
Additionally, this section provides that the office of OASAS 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 or are at risk of an addictive disorder including,
but not be limited to, completion of approved courses of study or equiv-
alent on-the-job experience in alcoholism and substance abuse counseling
and/or counseling of compulsive gambling addiction disorder services.
The commissioner shall establish fees for the education, training,
licensing, credentialing, certification or authorization of addiction
professionals.
This section also requires that OASAS, in consultation with the state
education department, develops or utilizes existing educational materi-
als to be provided to school districts and boards or cooperative educa-
tional services for use in addiction to or in conjunction with any drug
and alcohol related curriculum regarding the misuse and abuse or alco-
hol, tobacco, prescription medication and other drugs with an increased
focus on substances that are most prevalent among school aged youth.
Finally, this section requires OASA to report on the status and outcomes
of initiatives created in response to the heroin and opioid epidemic.
Such a report shall be provided quarterly, beginning no later than July
first, two thousand nineteen.
Section 2 states the effective date.
JUSTIFICATION:
The Credentialed Alcoholism and Substance Abuse Counselor (CASAC) is the
only New York State credential to require the specialized addiction
training needed to fully understand and treat the complexities of
addiction. There are currently approximately 6,467 CASACs in NY with a
variety of education levels ranging from a High school diploma or GED to
Bachelor's degree and higher. Currently, 81% of CASAC's have an academic
degree and 28% of CASAC's also hold a Medical, Nursing, Social Work or
Mental Health Counselor License from the NYS Education Department.
This bill would help create a career advancement pathway for addiction
professionals by requiring that OASAS establishes clear requirements for
each professional title and education to advance. This would encourage
professionals to stay in the field long term and continue their educa-
tion resulting in a more secure workforce.
LEGISLATIVE HISTORY:
2021-22 A.8074 Referred to Alcoholism and Drug Abuse
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:.:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
3848
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee on Alcoholism and Drug Abuse
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:
1 Section 1. Section 19.07 of the mental hygiene law, as added by chap-
2 ter 223 of the laws of 1992, subdivisions (a) and (g) as amended by
3 chapter 271 of the laws of 2010, subdivisions (b) and (c) as amended by
4 chapter 281 of the laws of 2019, subdivision (d) as amended by section 5
5 of part I of chapter 58 of the laws of 2005 and the opening paragraph of
6 paragraph 1 of subdivision (d) as amended by chapter 449 of the laws of
7 2021, subdivision (e) as amended by chapter 558 of the laws of 1999,
8 subdivision (f) as added by chapter 383 of the laws of 1998, subdivision
9 (h) as separately amended by chapters 322 and 494 of the laws of 2021,
10 subdivision (i) as amended by section 31-a of part AA of chapter 56 of
11 the laws of 2019, subdivision (j) as amended by chapter 146 of the laws
12 of 2014, subdivision (k) as added by chapter 40 of the laws of 2014,
13 subdivision (l) as added by chapter 323 of the laws of 2018, subdivision
14 (m) as added by chapter 493 of the laws of 2019, subdivision (n) as
15 added by chapter 190 of the laws of 2021 and subdivision (n) as added by
16 chapter 762 of the laws of 2022, is amended to read as follows:
17 § 19.07 Office of [alcoholism and substance abuse services] addiction
18 services and supports; scope of responsibilities.
19 (a) The office of [alcoholism and substance abuse services] addiction
20 services and supports is charged with the responsibility for assuring
21 the development of comprehensive plans, programs, and services in the
22 areas of research, prevention, care, treatment, rehabilitation, includ-
23 ing relapse prevention and recovery maintenance, education, and training
24 of persons who [abuse or are dependent on alcohol and/or substances]
25 have or are at risk of an addictive disorder and their families. The
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07098-01-3
A. 3848 2
1 term addictive disorder shall include compulsive gambling education,
2 prevention and treatment consistent with section 41.57 of this chapter.
3 Such plans, programs, and services shall be developed with the cooper-
4 ation of the office, the other offices of the department where appropri-
5 ate, local governments, consumers and community organizations and enti-
6 ties. The office shall provide appropriate facilities and shall
7 encourage the provision of facilities by local government and community
8 organizations and entities. [The office is also responsible for develop-
9 ing plans, programs and services related to compulsive gambling educa-
10 tion, prevention and treatment consistent with section 41.57 of this
11 chapter.]
12 (b) The office of [alcoholism and substance abuse services] addiction
13 services and supports shall advise and assist the governor in improving
14 services and developing policies designed to meet the needs of persons
15 who suffer from or are at risk of an addictive disorder and their fami-
16 lies, and to encourage their rehabilitation, maintenance of recovery,
17 and functioning in society.
18 (c) The office of [alcoholism and substance abuse services] addiction
19 services and supports shall have the responsibility for seeing that
20 persons who suffer from or are at risk of an addictive disorder and
21 their families are provided with addiction services, care and treatment,
22 and that such services, care, treatment and rehabilitation is of high
23 quality and effectiveness, and that the personal and civil rights of
24 persons seeking and receiving addiction services, care, treatment and
25 rehabilitation are adequately protected.
26 (d) The office of [alcoholism and substance abuse services] addiction
27 services and supports shall foster programs for the training and devel-
28 opment of persons capable of providing the foregoing services, including
29 but not limited to a process of issuing, either directly or through
30 contract, licenses, credentials, certificates or authorizations for
31 [alcoholism and substance abuse counselors or gambling] addiction [coun-
32 selors] professionals in accordance with the following:
33 (1) The office shall establish minimum qualifications [for counselors]
34 and a definition of the practice of the profession of an addiction
35 professional in all phases of delivery of services to persons and their
36 families who are suffering from [alcohol and/or substance abuse and/or
37 chemical dependence and/or compulsive gambling that shall include] or
38 are at risk of an addictive disorder including, but not be limited to,
39 completion of approved courses of study or equivalent on-the-job experi-
40 ence in [alcoholism and substance abuse counseling and/or counseling of
41 compulsive gambling] addiction disorder services. Such approved courses
42 of study or equivalent on-the-job experience shall include: providing
43 trauma-informed, patient-centered care; referring individuals to appro-
44 priate treatments for co-occurring disorders; and sensitivity training.
45 Such courses shall be updated as needed to reflect evolving best prac-
46 tices in harm reduction, treatment and long-term recovery. For the
47 purposes of this paragraph, sensitivity training shall mean a form of
48 training with the goal of making people more aware of their own preju-
49 dices and more sensitive to others.
50 (i) The office shall establish procedures for issuing, directly or
51 through contract, licenses, credentials, certificates or authorizations
52 to [counselors] addiction professionals who meet minimum qualifications,
53 including the establishment of appropriate fees, and shall further
54 establish procedures to suspend, revoke, or annul such licenses, creden-
55 tials, certificates or authorizations for good cause. Such procedures
56 shall be promulgated by the commissioner by rule or regulation.
A. 3848 3
1 (ii) The commissioner shall establish [a credentialing] an addiction
2 professionals board which shall provide advice concerning the licensing,
3 credentialing, certification or authorization process.
4 (iii) The commissioner shall establish fees for the education, train-
5 ing, licensing, credentialing, certification or authorization of
6 addiction professionals.
7 (2) The establishment, with the advice of the advisory council on
8 alcoholism and substance abuse services, of minimum qualifications for
9 [counselors] addiction professionals in all phases of delivery of
10 services to those suffering from [alcoholism, substance and/or chemical
11 abuse and/or dependence and/or compulsive gambling] or at risk of addic-
12 tive disorders and their families that shall include, but not be limited
13 to, completion of approved courses of study or equivalent on-the-job
14 experience in [counseling for alcoholism, substance and/or chemical
15 abuse and/or dependence] addiction disorder services and/or [compulsive]
16 gambling disorder services, and establish appropriate fees, issue
17 licenses, credentials, certificates or authorizations to [counselors]
18 addiction professionals who meet minimum qualifications and suspend,
19 revoke, or annul such licenses, credentials, certificates or authori-
20 zations for good cause in accordance with procedures promulgated by the
21 commissioner by rule or regulation.
22 (3) For the purpose of this title, the term "addiction professional",
23 including "credentialed alcoholism and substance abuse counselor" or
24 "C.A.S.A.C.", means an official designation identifying an individual as
25 one who holds a currently registered and valid license, credential,
26 certificate or authorization issued or approved by the office of [alco-
27 holism and substance abuse services] addiction services and supports
28 pursuant to this section which documents an individual's qualifications
29 to provide [alcoholism and substance abuse counseling] addiction disor-
30 der services. The term "gambling addiction [counselor"] professional"
31 means an official designation identifying an individual as one who holds
32 a currently registered and valid license, credential, certificate or
33 authorization issued by the office of [alcoholism and substance abuse
34 services] addiction services and supports pursuant to this section which
35 documents an individual's qualifications to provide [compulsive] gambl-
36 ing [counseling] disorder services.
37 (i) No person shall use the title [credentialed alcoholism and
38 substance abuse counselor or "C.A.S.A.C." or gambling addiction counse-
39 lor] "addiction professional" or the title given to any licenses,
40 credentials, certificates or authorizations issued by the office unless
41 authorized [pursuant to] by the commissioner in accordance with this
42 title.
43 (ii) Failure to comply with the requirements of this section shall
44 constitute a violation as defined in the penal law.
45 (4) All persons holding previously issued and valid alcoholism or
46 substance abuse counselor credentials issued by the office or an entity
47 designated by the office, including a credentialed alcoholism and
48 substance abuse counselor, certified prevention specialist, credentialed
49 prevention professional, credentialed problem gambling counselor, gambl-
50 ing specialty designation, and certified recovery peer advocate, on the
51 effective date of amendments to this section shall be deemed [C.A.S.A.C.
52 designated] an addiction professional consistent with their experience
53 and education.
54 (e) Consistent with the requirements of subdivision (b) of section
55 5.05 of this chapter, the office shall carry out the provisions of arti-
56 cle thirty-two of this chapter as such article pertains to regulation
A. 3848 4
1 and quality control of [chemical dependence] addiction disorder
2 services, including but not limited to the establishment of standards
3 for determining the necessity and appropriateness of care and services
4 provided by [chemical dependence] addiction disorder providers of
5 services. In implementing this subdivision, the commissioner, in consul-
6 tation with the commissioner of health, shall adopt standards including
7 necessary rules and regulations including but not limited to those for
8 determining the necessity or appropriate level of admission, controlling
9 the length of stay and the provision of services, and establishing the
10 methods and procedures for making such determination.
11 (f) The office of [alcoholism and substance abuse services] addiction
12 services and supports shall develop a list of all agencies throughout
13 the state which are currently certified by the office and are capable of
14 and available to provide evaluations in accordance with section sixty-
15 five-b of the alcoholic beverage control law so as to determine need for
16 treatment pursuant to such section and to assure the availability of
17 such evaluation services by a certified agency within a reasonable
18 distance of every court of a local jurisdiction in the state. Such list
19 shall be updated on a regular basis and shall be made available to every
20 supreme court law library in this state, or, if no supreme court law
21 library is available in a certain county, to the county court library of
22 such county. The commissioner may establish an annual fee for inclusion
23 on such list.
24 (g) The office of [alcoholism and substance abuse services] addiction
25 services and supports shall develop and maintain a list of the names and
26 locations of all licensed agencies and [alcohol and substance abuse]
27 addiction professionals, as defined in paragraphs (a) and (b) of subdi-
28 vision one of section eleven hundred ninety-eight-a of the vehicle and
29 traffic law, throughout the state which are capable of and available to
30 provide an assessment of, and treatment for, [alcohol and substance
31 abuse and dependency] addiction disorders. Such list shall be provided
32 to the chief administrator of the office of court administration and the
33 commissioner of motor vehicles. Persons who may be aggrieved by an agen-
34 cy decision regarding inclusion on the list may request an administra-
35 tive appeal in accordance with rules and regulations of the office. The
36 commissioner may establish an annual fee for inclusion on such list.
37 (h) The office of addiction services and supports shall monitor
38 programs providing care and treatment to incarcerated individuals in
39 correctional facilities operated by the department of corrections and
40 community supervision who have a history of [alcohol or substance use
41 disorder or dependence] an addiction disorder. The office shall also
42 develop guidelines for the operation of [alcohol and substance use
43 disorder treatment programs] addiction disorder services in such correc-
44 tional facilities, based on best practices, and tailored to the nature
45 of the individual's substance use, history of past treatment, and histo-
46 ry of mental illness or trauma, which may include harm reduction strate-
47 gies, in order to ensure that such [programs] services sufficiently meet
48 the needs of incarcerated individuals with a history of [alcohol or
49 substance use disorder or dependence] an addiction disorder and promote
50 the successful transition to treatment in the community upon release. No
51 later than the first day of December of each year, the office shall
52 submit a report regarding: (1) the adequacy and effectiveness of [alco-
53 hol and substance use disorder treatment programs] addiction disorder
54 services operated by the department of corrections and community super-
55 vision; (2) the total number of incarcerated individuals in correctional
56 facilities that have been screened for, and determined to have, [a
A. 3848 5
1 substance use] an addiction disorder; (3) information regarding which
2 substances incarcerated individuals are most dependent upon and the
3 available treatment for such individuals within each correctional facil-
4 ity; (4) the total number of individuals who participate in each of the
5 [treatment programs] addiction disorder services operated by the depart-
6 ment of corrections and community supervision; and (5) the total number
7 of individuals who participated in [a substance use disorder treatment
8 program] addiction disorder services but failed to complete such
9 [program] services, as well as whether such failure to complete [the
10 program] such addiction disorder services was a result of disciplinary
11 action taken by the facility against the individual for instances unre-
12 lated to their participation in [the treatment program] such services.
13 The department of corrections and community supervision shall provide
14 the office with information needed to complete this report. Such report
15 shall be sent to the governor, the temporary president of the senate,
16 the speaker of the assembly, the chairman of the senate committee on
17 crime victims, crime and correction, and the chairman of the assembly
18 committee on correction.
19 (i) The office of [alcoholism and substance abuse services] addiction
20 services and supports shall periodically, in consultation with the state
21 director of veterans' services: (1) review the programs operated by the
22 office to ensure that the needs of the state's veterans who served in
23 the U.S. armed forces and who are recovering from [alcohol and/or
24 substance abuse] an addiction disorder are being met and to develop
25 improvements to programs to meet such needs; and (2) in collaboration
26 with the state director of veterans' services and the commissioner of
27 the office of mental health, review and make recommendations to improve
28 programs that provide treatment, rehabilitation, relapse prevention, and
29 recovery services to veterans who have served in a combat theatre or
30 combat zone of operations and have a co-occurring mental health and
31 [alcoholism or substance abuse] addiction disorder.
32 (j) The office, in consultation with the state education department,
33 shall identify or develop materials on problem gambling among school-age
34 youth which may be used by school districts and boards of cooperative
35 educational services, at their option, to educate students on the
36 dangers and consequences of problem gambling as they deem appropriate.
37 Such materials shall be available on the internet website of the state
38 education department. The internet website of the office shall provide a
39 hyperlink to the internet page of the state education department that
40 displays such materials.
41 (k) Heroin and opioid addiction awareness and education program. The
42 commissioner, in cooperation with the commissioner of the department of
43 health, shall develop and conduct a public awareness and educational
44 campaign on heroin and opioid addiction. The campaign shall utilize
45 public forums, social media and mass media, including, but not limited
46 to, internet, radio, and print advertising such as billboards and post-
47 ers and shall also include posting of materials and information on the
48 office website. The campaign shall be tailored to educate youth,
49 parents, healthcare professionals and the general public regarding: (1)
50 the risks associated with the abuse and misuse of heroin and opioids;
51 (2) how to recognize the signs of addiction; and (3) the resources
52 available for those needing assistance with heroin or opioid addiction.
53 The campaign shall further be designed to enhance awareness of the
54 opioid overdose prevention program authorized pursuant to section thir-
55 ty-three hundred nine of the public health law and the "Good Samaritan
56 law" established pursuant to sections 220.03 and 220.78 of the penal law
A. 3848 6
1 and section 390.40 of the criminal procedure law, and to reduce the
2 stigma associated with addiction.
3 (l) The office of [alcoholism and substance abuse services] addiction
4 services and supports, in consultation with the state education depart-
5 ment, shall develop or utilize existing educational materials to be
6 provided to school districts and boards of cooperative educational
7 services for use in addition to or in conjunction with any drug and
8 alcohol related curriculum regarding the misuse and abuse of alcohol,
9 tobacco, prescription medication and other drugs with an increased focus
10 on substances that are most prevalent among school aged youth as such
11 term is defined in section eight hundred four of the education law. Such
12 materials shall be age appropriate for school age children, and to the
13 extent practicable, shall include information or resources for parents
14 to identify the warning signs and address the risks of substance [abuse]
15 misuse and addiction.
16 (m) (1) The office shall report on the status and outcomes of initi-
17 atives created in response to the heroin and opioid epidemic to the
18 temporary president of the senate, the speaker of the assembly, the
19 chairs of the assembly and senate committees on alcoholism and drug
20 abuse, the chair of the assembly ways and means committee and the chair
21 of the senate finance committee.
22 (2) Such reports shall include, to the extent practicable and applica-
23 ble, information on:
24 (i) The number of individuals enrolled in the initiative in the
25 preceding quarter;
26 (ii) The number of individuals who completed the treatment program in
27 the preceding quarter;
28 (iii) The number of individuals discharged from the treatment program
29 in the preceding quarter;
30 (iv) The age and sex of the individuals served;
31 (v) Relevant regional data about the individuals;
32 (vi) The populations served; and
33 (vii) The outcomes and effectiveness of each initiative surveyed.
34 (3) Such initiatives shall include opioid treatment programs, crisis
35 detoxification programs, 24/7 open access centers, adolescent club hous-
36 es, family navigator programs, peer engagement specialists, recovery
37 community and outreach centers, regional addiction resource centers and
38 the state implementation of the federal opioid state targeted response
39 initiatives.
40 (4) Such information shall be provided quarterly, beginning no later
41 than July first, two thousand nineteen.
42 (n) The office in consultation with the office of mental health, the
43 department of health, the division of housing and community renewal and
44 any other agency that may oversee an appropriate program or service
45 shall monitor and ensure funds appropriated pursuant to section ninety-
46 nine-nn of the state finance law are expended for services and programs
47 in accordance with such section.
48 [(n)] (o) The office of addiction services and supports, in consulta-
49 tion with the commissioner of health, shall provide and publish, in
50 electronic or other format, training materials for health care provid-
51 ers, as defined by subdivision six of section two hundred thirty-eight
52 of the public health law, and qualified health professionals, recognized
53 by the office to enable the implementation of the screening, brief
54 intervention, and referral to treatment program (SBIRT). Such training
55 materials shall include any and all materials necessary to inform health
56 care providers and qualified health professionals of the method for
A. 3848 7
1 administering the SBIRT program to a patient in the care of health care
2 providers or qualified health professionals. Such training materials
3 shall be made available to health care providers and qualified health
4 professionals through the official websites of the office and the
5 department of health and by any other means deemed appropriate by the
6 commissioner.
7 § 2. This act shall take effect immediately.
