ASA-20-16-00002-P OASAS Treatment Services: General Provisions

5/18/16 N.Y. St. Reg. ASA-20-16-00002-P

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 20

May 18, 2016

RULE MAKING ACTIVITIES

OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. ASA-20-16-00002-P

OASAS Treatment Services: General Provisions

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 amend Part 800 of Title 14 NYCRR.

Statutory authority:

Mental Hygiene Law, sections 19.07(e), 19.09(b), 32.01 and 32.07(a)

Subject:

OASAS Treatment Services: General Provisions.

Purpose:

Include all mental health practitioners as qualified health professionals (QHP).

Text of proposed rule:

Section 1. Section 800.3(l) of 14 NYCRR Part 800, as amended December 9, 2015 is amended to read as follows:

(l) “Qualified Health Professional” means any of the professionals listed below, who are in good standing with the appropriate licensing or certifying authority, as applicable, with a minimum of one year of experience or satisfactory completion of a training program in the treatment of substance use disorders:

(1) a credentialed alcoholism and substance abuse counselor (CASAC) who has a current valid credential issued by the Office, or a comparable credential, certificate or license from another recognized certifying body as determined by the Office;

(2) a counselor certified by and currently registered as such with the National Board for Certified Counselors;

(3) a rehabilitation counselor certified by the Commission of Rehabilitation Counselor Certification;

(4) a therapeutic recreation therapist certified by the National Council on Therapeutic Recreation or the American Therapeutic Recreation Association; or a person who holds a baccalaureate degree in a field allied to therapeutic recreation and, either before or after receiving such degree, has five years of full-time, paid work experience in an activities program in a health care setting;

(5) a professional licensed and currently registered as such by the New York State Education Department to include:

(i) a physician who has received the doctor of medicine (M.D.) or doctor of osteopathy (D.O.) degree;

(ii) a physician's assistant (PA);

(iii) a certified nurse practitioner;

(iv) a registered professional nurse (RN);

(v) a psychologist;

(vi) an occupational therapist;

(vii) [a marriage and family therapist (LMFT);

(viii) a creative arts therapist (LCAT);

(ix) a mental health counselor (LMHC), including individuals with a Limited Permit Licensed Mental Health Counselor (LP-LMHC); and

(x)] a social worker (LMSW; LCSW), including an individual with a Limited Permit Licensed Master Social Worker (LP-LMSW) only if such person has a permit which designates the OASAS-certified program as the employer and is under the general supervision of a LMSW or a LCSW; and

(viii) a mental health practitioner including: a licensed mental health counselor (LMHC), a marriage and family therapist (LMFT), a creative arts therapist (LCAT), and licensed psychoanalyst; and any mental health practitioner with a Limited Permit.

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

Sara E. Osborne, Associate Attorney, NYS OASAS, 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

A request for verification of approval to adopt the proposed rulemaking as a consensus rule was sent by email on March 2, 2016 to representatives of the NY State Conference of Local Mental Hygiene Directors (Jed Wolkenbreit, Counsel) and to the committee on regulatory review of Alcohol and Substance Abuse Providers (ASAP). Jed Wolkenbreit responded on March 4 via email that a survey of members indicated “no one seems to have any objections or problems with it.”

The proposed amendments to Part 800 relating to the definition of a Qualified Health Professional (“QHP”) were approved by the Behavioral Health Services Advisory Council on March 24, 2016.

In total, these comments and approvals represent the OASAS provider community and providers of related mental hygiene services that may be interested stakeholders.

Job Impact Statement

OASAS is not submitting a Job Impact Statement for this amendment because OASAS does not anticipate a substantial adverse impact on jobs and employment opportunities. The proposed amendment clarifies that all professions designated in Education Law as mental hygiene professionals (licensed mental health counselor; marriage and family therapist; creative arts therapist, and licensed psychoanalyst) are recognized in OASAS programs as Qualified Health Professionals (QH)). The proposal also corrects a typographical error in section numeration.