ASA-51-11-00003-P Repeal of 14 NYCRR Parts 303, 306, 340, 342, 366, 369, 372, 374, 375, 380 and 381

12/21/11 N.Y. St. Reg. ASA-51-11-00003-P

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 51

December 21, 2011

RULE MAKING ACTIVITIES

OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. ASA-51-11-00003-P

Repeal of 14 NYCRR Parts 303, 306, 340, 342, 366, 369, 372, 374, 375, 380 and 381

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to repeal Parts 303, 306, 340, 342, 366, 369, 372, 374, 375, 380 and 381 of Title 14 NYCRR.

Statutory authority:

Mental Hygiene Law, sections 19.09(b), 19.15(a), 19.40, 32.01 and 32.07(a)

Subject:

Repeal of 14 NYCRR Parts 303, 306, 340, 342, 366, 369, 372, 374, 375, 380 and 381.

Purpose:

This repeal is necessary in that it will remove obsolete regulations that are no longer applicable to OASAS certified programs.

Text of proposed rule:

Parts 303, 306, 340, 342, 366, 369, 372, 374, 375, 380 and 381 of Title 14 NYCRR are repealed.

Text of proposed rule and any required statements and analyses may be obtained from:

Sara Osborne, Office of Alcoholism and Substance Abuse Services, 1450 Western Ave., Albany, NY 12203, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

14 NYCRR 303,306, 340, 342, 366, 369, 372, 374, 375, 380 and 381 were promulgated by the Division of Alcoholism and Alcohol Abuse. As a result of the consolidation of the Division of Alcoholism and Alcohol Abuse (DAA) and the Division of Substance Abuse Services (DSAS) into the Office of Alcoholism and Substance Abuse Services (OASAS) and the passage of Chapter 558 of the Laws of 1999 which requires the promulgation of rules and regulations to regulate and assure the consistent high quality of services provided within the state to persons suffering from chemical abuse or dependence, their families and significant others, and those who are at risk of becoming chemical abusers, OASAS has consolidated and promulgated regulations under Part 800, et seq. of Title 14 of the New York Codes, Rules and Regulations.

These rules have been promulgated into Part 800, et seq. as follows:

Part 303-Public Access to Records has been replaced by Part 803;

Part 306-Incidents at Facilities for Alcoholism and Alcohol Abuse has been replaced by Part 836;

Part 340-Rural Initiative Funding is obsolete;

Part 342-The Project for Employee Assistance Program Consortia is obsolete;

Part 366-Establishment or Incorporation of Providers and the Construction of Facilities has been replaced by Part 810;

Part 369-Appeals and Hearings has been replaced by Part 831;

Part 372-Operation of Alcoholism Outpatient Facilities has been replaced by Part 822 and 823;

Part 374-Operation of Alcoholism Facilities has been replaced by Parts 810,822,818 and 819;

Part 375-Operation of Community Residences for Alcoholism has been replaced by Part 819;

Part 380-Outpatient Programs and Services has been replaced by Parts 822 and 823;

Part 381-Program Standards for Inpatient Alcoholism Programs has been replaced by Part 818.

This rule making is filed as a Consensus rule on the grounds that its purpose is to repeal obsolete regulations and that no person is likely to object.

This proposal by Consensus rulemaking has been widely circulated within the provider community and received no objections.

Job Impact Statement

No change -- increase or decrease -- in the number of jobs and employment opportunities is anticipated as a result of the proposed amendments because the repeal of this Part does not apply to any existing programs. The proposed repeal will not result in the loss of any jobs within New York State.