Sec. 856.2. Legal base  


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  • (a) Section 19.07(e) of the Mental Hygiene Law authorizes the Commissioner of the Office of Alcoholism and Substance Abuse Services (“the commissioner”) to adopt standards including necessary rules and regulations pertaining to chemical dependence services.
    (b) Section 19.09(b) of the Mental Hygiene Law authorizes the commissioner to adopt regulations necessary and proper to implement any matter under his or her jurisdiction.
    (c) Section 19.21(b) of the Mental Hygiene Law requires the commissioner to establish and enforce certification, inspection, licensing and treatment standards for alcoholism, substance abuse, and chemical dependence facilities.
    (d) Section 19.21(d) of the Mental Hygiene Law requires the commissioner to promulgate regulations which establish criteria to assess alcoholism, substance abuse, and chemical dependence treatment effectiveness and to establish a procedure for reviewing and evaluating the performance of providers of services in a consistent and objective manner.
    (e) Section 32.01 of the Mental Hygiene Law 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 Mental Hygiene Law.
    (f) Section 32.07(a) of the Mental Hygiene Law authorizes the commissioner to adopt regulations to effectuate the provisions and purposes of article 32 of the Mental Hygiene Law.