ASA-49-08-00004-A Problem Gambling Treatment and Recovery
2/18/09 N.Y. St. Reg. ASA-49-08-00004-A
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 7
February 18, 2009
RULE MAKING ACTIVITIES
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
NOTICE OF ADOPTION
I.D No. ASA-49-08-00004-A
Filing No. 110
Filing Date. Feb. 02, 2009
Effective Date. Feb. 18, 2009
Problem Gambling Treatment and Recovery
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of Part 857 to Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, section 32.02
Subject:
Problem Gambling Treatment and Recovery.
Purpose:
This regulation will provide guidance and standards for the continued provision of problem gambling services to New Yorkers.
Text or summary was published
in the December 3, 2008 issue of the Register, I.D. No. ASA-49-08-00004-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Patricia Flaherty, Associate Counsel, NYS Office of Alcoholism and Substance Abuse Services, 1450 Western Avenue, Albany NY 12203, (518) 485-2317, email: patriciaflaherty@oasas.state.ny.us
Assessment of Public Comment
Comments were received by New York Association of Alcoholism and Substance Abuse Providers, Inc., The Pederson Krag Center, NYS Council for Community Behavioral Healthcare, and the NYS Conference of Mental Hygiene Directors.
Comment:
"The point raised concerns a stand alone gambling treatment clinic staffed by a Licensed Social Worker (LSW). Apparently an LSW working in such a situation may not be able to either pursue, or hold a CASAC or CASAC with a Gambling credential or certification."
Response:
Part 857.9(b) proposes,
The Clinician providing the problem gambling treatment services must hold a Gambling Counselor Certification or credential recognized by OASAS. (CASAC with a Gambling Specialty, Credentialed Problem Gambling Counselor) or any other professional credential related to this field and recognized by OASAS, New York Council on Problem Gambling Certificate, or National Council on Problem Gambling Certificate. If they do no hold such a certification, they must be able to document that they are pursuing certification and apply for their credential within one year of providing this service.
A LMSW who works in a stand alone gambling clinic would need to either hold or pursue a CASAC with the Gambling Specialty or the Credentialed Problem Gambling Counselor Certification (CPGC - which is currently being developed). If they are not currently credentialed with either credential, then they would need to provide documentation that they are actively pursuing one of the credentials and obtain that credential within a year.
For the CASAC-G, first and foremost the individual would need to become a CASAC, then they would need to meet the requirements for the CASAC-G (attached is the requirements for the CASAC-G).
Comment:
A provider commented that the staffing patterns are inadequate and that more staff is needed in order to properly administer the program. This provider also commented on the burden of administrative paperwork.
Response:
The Agency's position is that these standards are minimum standards and the program is free to increase the staffing patterns according to perceived need. In regard to the comments about burdensome paperwork requirements, the Agency has created a regulatory relief paperwork reduction workgroup to try to reduce any unnecessary paperwork being required of all our programs.
Comment:
What will the "group" requirements or expectations be and will the regulation differ for "stand alone" facilities vs. existing Chemical Dependency clinics?
Response:
The group standards are the same whether or not the service is provided in a stand alone problem gambling clinic or one co-located within an outpatient chemical dependency clinic. These are minimum standards and the agency is encouraged to develop client centered treatment plans based on the client's individual needs. The determination to put a client in a group should be a clinical judgment made by the primary clinical staff person and the clinical supervisor.
Comment:
Along with the preliminary gambling credentials listed, the director needs to hold an advanced credential in counseling such as the LCSW (Licensed Clinical Social Worker), CRC (Certified Rehab Counselor) or LMHC (License Mental Health Counselor) to ensure that a masters or doctoral degree in the counseling field is in place.
Response:
The Clinical Supervision requirements are outlined in the new proposed Credentialing of Addictions Professional regulation which include minimum experience requirements in problem gambling treatment and supervision as outlined in Part 857.9b. That regulation is currently a "pre-proposed" regulation at GORR.
Comment:
Clients in a gambling specific program often have jobs and mandating weekly attendance may place an undue hardship and lead to drop out. Having the option of bi weekly sessions under certain circumstances is important.
Response:
All treatment planning and requirements should be developed based on the patient's individual treatment goals which includes determining the most appropriate time frame for treatment services.
Comment:
Because some programs have limited staff and are way past the 25:1 ratio, it is impossible to fit all clients into the schedule within the specified time frame.
Response:
25:1 staffing ratio was strongly recommended by the problem gambling treatment providers in 2006 when the Standards for Outpatient Problem Gambling Services were collaboratively developed.
