ASA-34-16-00001-P Repeal of Obsolete Rules: General Provisions; HIV-AIDS; Inpatient Programs; Funding for Services; Hearings; Authorizing MDs  

  • 8/24/16 N.Y. St. Reg. ASA-34-16-00001-P
    NEW YORK STATE REGISTER
    VOLUME XXXVIII, ISSUE 34
    August 24, 2016
    RULE MAKING ACTIVITIES
    OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
    PROPOSED RULE MAKING
    NO HEARING(S) SCHEDULED
     
    I.D No. ASA-34-16-00001-P
    Repeal of Obsolete Rules: General Provisions; HIV-AIDS; Inpatient Programs; Funding for Services; Hearings; Authorizing MDs
    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 309, 369, 829, 1000, 1034, 1050, 1070 and 1072 of Title 14 NYCRR.
    Statutory authority:
    Mental Hygiene Law, sections 19.07(e), 19.09(b), 32.01 and 32.07(a)
    Subject:
    Repeal of obsolete rules: General provisions; HIV-AIDS; Inpatient programs; Funding for services; Hearings; Authorizing MDs.
    Purpose:
    To repeal obsolete rules of DSAS/DAAA and the Office.
    Text of proposed rule:
    The following Parts of 14 NYCRR are REPEALED:
    309 (Responsibilities of Facilities for Alcoholism in Regard to AIDS, HIV Illness and HIV-Related Information)
    369 (Appeals and Hearings)
    1000 (General)
    1034 (Requirements for the Operation of Inpatient Substance Abuse Treatment and Rehabilitation Programs)
    1050 (Funding for Substance Abuse Services)
    1070 (Services for Persons with HIV Related Conditions)
    1072 (HIV Testing and HIV related Information)
    829 (Authorization for Physicians to use Controlled Substances for Treatment of Chemical Dependence)
    Text of proposed rule and any required statements and analyses may be obtained from:
    Sara Osborne, Associate Attorney, NYS OASAS, 1450 Western Ave., Albany, NY 12204, (518) 485-2312, email: Sara.Osborne@oasas.ny.gov
    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 Parts 309 and 369 were promulgated by the Division of Alcoholism and Alcohol Abuse (DAAA); Parts 1000, 1034, 1050, 1070 and 1072 were promulgated by the Division of Substance Abuse Services (DSAS). The two divisions were consolidated into the Office of Alcoholism and Substance Abuse Services (OASAS). OASAS has since consolidated most regulations from the previous Divisions and promulgated new regulations under the Part 800 series of Title 14. Mental Hygiene Law § 32.05(b) was amended in 2007 making the provisions of Part 829 unnecessary and irrelevant.
    This rule making is filed as a Consensus rule because its purpose is to repeal obsolete regulations to which no person is likely to object. This proposal has been circulated within the provider community and received no objections. The Behavioral Health Services Advisory Council approved on May 24, 2016. These repeals continue the process of consolidation. As follows, these rules have been substantially incorporated into the Part 800 series or, due to statutory changes, have become obsolete and may be repealed:
    309 (Responsibilities of Facilities for Alcoholism in Regard to AIDS, HIV Illness and HIV-Related Information): Covered by Article 24 of the public health law; substantively incorporated into requirements for all treatment modalities; required by the federal block grant. No need for additional regulation.
    369 (Appeals and Hearings): Incorporated into current Part 831.
    1000 (General): Incorporated into current Part 800.
    1034 (Requirements for the Operation of Inpatient Substance Abuse Treatment and Rehabilitation programs). Incorporated into current Parts 817, 818, 819 and 816 and 820.
    1050 (Funding for Substance Abuse Services): Covered by Article 25 of the Mental Hygiene law, state finance law, OASAS administrative and fiscal guidelines. No need for additional regulation.
    1070 (Services for Persons with HIV Related Conditions): See Part 309.
    1072 (HIV Testing and HIV related Information): See Part 309 and Part 1070.
    829 (Authorization for Physicians to use Controlled Substances for Treatment of Chemical Dependence): This requirement is no longer required by statute. Section 32.05(b) was amended by Chapter 204 of the Laws of 2007 making the provisions of Part 829 unnecessary and irrelevant.
    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 rulemaking repeals obsolete rules of the Office and OASAS predecessor Divisions (DAAA and DSAS) provisions of which have either been made unnecessary by changes in statute or have been incorporated into existing rules of the Office.

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