New York Laws
Article 19 - Office of Alcoholism and Substance Abuse
19.09 - Powers of the Office and Commissioner; How Exercised.

(a) The commissioner shall exercise all powers vested in the office.
He or she may delegate any function, power, or duty assigned to him or
her or to the office of alcoholism and substance abuse services to a
director of a facility operated by such office or to any other officer
or employee of such office, unless otherwise provided by law.
(1) The commissioner may enter into agreements with the other
commissioners of the department in order to ensure that programs and
services are provided for all of the mentally disabled.
(2) Upon the request of a state agency, including but not limited to
the department of corrections and community supervision, the office of
probation and correctional alternatives, and the office of children and
family services, the commissioner shall have the power to provide
alcoholism, substance abuse, and chemical dependence services either
directly or through agreements with local certified or approved
providers to persons in the custody or under the jurisdiction of the
requesting agency within amounts available and within priorities
established through the planning process.
(3) The commissioner may coordinate alcoholism, alcohol abuse,
substance abuse, substance dependence and chemical dependence related
activities in all departments of the state by convening at regular
intervals a coordinating committee of representatives of the departments
of health, corrections and community supervision, labor, economic
development, education, and motor vehicles, and the office of temporary
and disability assistance and any other department or agency having an
interest therein.
(4) The commissioner shall meet on an ongoing basis with the
representatives of the New York state conference of local mental hygiene
directors to promote coordination and consistency of plans, rules, and
regulations governing the planning and financing of the care, treatment,
and rehabilitation of alcohol and substance abusers, to promote
coordination with the other offices of the department, and to assist
local governmental units in fulfilling their responsibilities pursuant
to this chapter.
(b) The commissioner may adopt regulations necessary and proper to
implement any matter under his or her jurisdiction. Proposed rules and
regulations regarding chemical dependence services shall be submitted to
the advisory council on alcoholism and substance abuse services for its
advice, in accordance with this article, unless the commissioner finds
that the public health, safety, or general welfare requires that such
regulation be promulgated as an emergency rulemaking.
(c) In conducting any investigation, audit, financial review,
inspection, or hearing, the commissioner may subpoena witnesses, compel
their attendance, administer oaths to witnesses, examine witnesses under
oath, and require the production of any books or papers deemed relevant
to the investigation, inspection, or hearing. Subpoenas issued shall be
regulated by the civil practice law and rules. The confidentiality of
information obtained by the commissioner from patients' records shall be
maintained in accordance with state and federal law.
(d) The commissioner shall survey and analyze the state's needs, and
with the advice of the advisory council on alcoholism and substance
abuse services, shall, in accordance with the requirements of section
5.07 and article twenty-five of this chapter, as it pertains to
substance abuse services, and article forty-one of this chapter, as it
pertains to alcoholism services, formulate a comprehensive plan for long
range development, through utilization of a network of federal, state,
local and private resources, of adequate services and facilities for the
prevention and control of chemical abuse or dependence and from time to

time revise such plan, ensuring that such plans have as part of their
goal the delivery of services to the elderly and women and children,
including pregnant women unless such programs have provided for the
treatment of pregnant women through a transfer agreement with another
provider.
(e) The commissioner shall execute the policies of the state
concerning alcoholism and substance abuse services.
(1) In furtherance thereof, within the amounts made available by
appropriation and with the approval of the division of the budget, the
commissioner shall have the authority to make grants or enter into
agreements with alcoholism or substance abuse programs, or other
appropriate entities. Special emphasis shall be placed on those
geographic areas with a high prevalence of alcoholism, alcohol abuse,
substance abuse, substance dependence, or chemical dependence.
(2) The office shall be the authority, when designated by the
governor, to supervise and administer financial or technical assistance
as the designee under a state plan or as may be required by federal
legislation making such assistance available for programs or activities
in alcoholism, alcohol abuse, substance abuse, substance dependence, and
chemical dependence, and other areas under its jurisdiction and control.
(f) The commissioner shall administer all state, local, private, and
federal funds, excluding those provided under title XIX or XX of the
federal social security act, made available to the state for the
provision of alcoholism, substance abuse, or chemical dependence
services subject to the approval of the director of the budget.
(g) The commissioner shall establish and operate chemical dependence
programs, facilities, and services for the prevention, treatment, and
rehabilitation, including relapse prevention and recovery maintenance,
of persons who abuse or are dependent on alcohol and/or substances, and
significant others not limited to the psychiatric model but embodying
all recognized or promising approaches.
(h) The commissioner shall promulgate rules and regulations requiring
the division of horse racing and pari-mutuel wagering and the division
of gaming to provide for the posting of signs in facilities regulated by
the division of horse racing and pari-mutuel wagering and facilities
regulated by the division of gaming advising patrons where to get help
in dealing with a compulsion to gamble. In addition, the information
contained on such signs shall be posted on the internet at appropriate
internet sites. Such signs and information posted on the internet shall
include, but not be limited to, notice of the availability of one or
more organizations, approved by the commissioner, that offer assistance
in the prevention and treatment of compulsive gambling. Such signs, not
less than eight and one-half inches by eleven inches, shall be posted in
a prominent manner and within reasonable distance of each entrance and
exit by the facility that conducts the gambling. Such signs shall be
available at the division of gaming and the office of alcoholism and
substance abuse services and shall be distributed by the division of
gaming.
(i) (1) The office, in cooperation with the department of
environmental conservation, shall post on the office website information
which includes but is not limited to the required steps and guidelines
for any municipality, pharmacy, local law enforcement agency, or
community group to conduct a household pharmaceutical collection event.
(2) Pursuant to section 27-2703 of the environmental conversation law,
as added by chapter six hundred twenty-five of the laws of two thousand
eight, the commissioner, in consultation with the department may assist
in the development of a public information program on the proper

disposal of drugs and drug disposal sites. The office shall disseminate
such information by any means deemed appropriate by the commissioner.
(j) (1) The commissioner, in consultation with the commissioner of
health, shall create or utilize existing educational materials regarding
the dangers of misuse and the potential for addiction to prescription
controlled substances, treatment resources available, and the proper way
to dispose of unused prescription controlled substances in accordance
with paragraph two of this subdivision.
(i) Such materials shall be made available to pharmacies registered in
the state, and shall be distributed at the time of dispensing with any
prescribed drug that is a controlled substance. Information disseminated
pursuant to this paragraph may, at the option of the consumer, be
distributed through electronic means.
(ii) Such materials shall also be posted on the website of the office
of alcoholism and substance abuse services and of the department of
health, and shall be provided in languages other than English as deemed
appropriate by the commissioners, but shall include the ten most
commonly spoken languages, aside from English, in the state.
(2) The educational materials required in paragraph one of this
subdivision shall include the following:
(a) the risks of using or consuming such controlled substances;
(b) the physical, behavioral and advanced warning signs of addiction
to such controlled substances;
(c) the HOPELINE telephone contract number (1-877-8-HOPE-NY) and text
(HOPENY) for the HOPELINE operated by the office, or any number that
succeeds the HOPELINE;
(d) the procedures for the safe disposal of unused controlled
substances established pursuant to section thirty-three hundred
forty-three-b of the public health law; and
(e) such other information as the commissioner shall determine to be
necessary or informative relating to the use, consumption or abuse of,
or addiction to controlled substances.
(3) A pharmacy may also provide additional information regarding the
safe disposal of controlled substances, including but not limited to any
disposal program that such pharmacy is operating or participating in
outside of the programs under section thirty-three hundred forty-three-b
of the public health law.
(k) The commissioner, in consultation with the New York state gaming
commission, is authorized and directed to commission a statewide
evaluation regarding the extent of gambling by New York state residents,
including, but not limited to the lottery, horse racing, Native American
casinos, internet gambling, sports betting, and poker. Such evaluation
shall be delivered to the governor and legislature no later than
December first, two thousand twenty-three. The evaluation shall be
prepared by an independent entity and selected through a request for
proposal process. Such evaluation shall include:
(1) the percentage of New York residents participating in each
gambling activity by:
(a) age;
(b) race;
(c) income;
(d) education;
(e) sex; and
(f) any other demographic that would be relevant to the evaluation;
and
(2) an estimate of the amount of money being wagered and lost by New
York residents in each gambling activity.

* (l)(1) The office, in consultation with the department of health,
shall maintain on its website a publicly available directory of all
distributors of opioid antagonists to the public, including but not
limited to, pharmacies, prevention programs and not-for-profits. As used
in this subdivision, the following terms shall have the following
meanings:
(i) "Opioid" means an opiate as defined in section thirty-three
hundred two of the public health law.
(ii) "Opioid antagonist" means a federal food and drug
administration-approved drug that, when administered, negates or
neutralizes in whole or in part the pharmacological effects of an opioid
in the body. The opioid antagonist shall be limited to naloxone or other
medications approved by the department of health for this purpose.
(2) The directory required by this subdivision shall include and be
searchable by the following information:
(i) addresses of each distributor of opioid antagonists;
(ii) contact information, such as phone numbers or email addresses,
for each distributor;
(iii) services offered by each distributor at each location if more
than one, as well as information providing which opioid antagonists are
currently available at each distributor;
(iv) special populations served;
(v) insurance providers accepted;
(vi) hours of operation of each distributor;
(vii) contact information of opioid addiction prevention programs; and
(viii) any other information the commissioner deems necessary.
(3) The office may utilize an existing directory to satisfy the
requirements of this subdivision.
* NB There are 2 sb (l)'s
* (l) The commissioner shall identify or develop educational materials
regarding compulsive gambling for the purpose of informing individuals
about the dangers of problem gambling as well as treatment opportunities
that may be available to them. Such educational materials shall be
provided to individuals when they voluntarily place themselves on a
self-exclusion list of an association or corporation licensed or
enfranchised by the New York state gaming commission pursuant to section
one hundred eleven of the racing, pari-mutuel wagering and breeding law.
Such materials shall also be made available on the website of the
office. To the extent that a gaming facility licensed pursuant to
article thirteen of the racing, pari-mutuel wagering and breeding law
has already created materials pursuant to section thirteen hundred
sixty-two of the racing, pari-mutuel wagering and breeding law that
effectuate the intent of this subdivision, such educational materials
may be utilized by the gaming facility instead of ones identified or
developed by the commissioner.
* NB There are 2 sb (l)'s