§ 19.09 Powers of the office and commissioner; how exercised.\n (a) The commissioner shall exercise all powers vested in the office.\nHe or she may delegate any function, power, or duty assigned to him or\nher or to the office of alcoholism and substance abuse services to a\ndirector of a facility operated by such office or to any other officer\nor employee of such office, unless otherwise provided by law.\n (1) The commissioner may enter into agreements with the other\ncommissioners of the department in order to ensure that programs and\nservices are provided for all of the mentally disabled.\n (2) Upon the request of a state agency, including but not limited to\nthe department of corrections and community supervision, the office of\nprobation and correctional alternatives, and the office of children and\nfamily services, the commissioner shall have the power to provide\nalcoholism, substance abuse, and chemical dependence services either\ndirectly or through agreements with local certified or approved\nproviders to persons in the custody or under the jurisdiction of the\nrequesting agency within amounts available and within priorities\nestablished through the planning process.\n (3) The commissioner may coordinate alcoholism, alcohol abuse,\nsubstance abuse, substance dependence and chemical dependence related\nactivities in all departments of the state by convening at regular\nintervals a coordinating committee of representatives of the departments\nof health, corrections and community supervision, labor, economic\ndevelopment, education, and motor vehicles, and the office of temporary\nand disability assistance and any other department or agency having an\ninterest therein.\n (4) The commissioner shall meet on an ongoing basis with the\nrepresentatives of the New York state conference of local mental hygiene\ndirectors to promote coordination and consistency of plans, rules, and\nregulations governing the planning and financing of the care, treatment,\nand rehabilitation of alcohol and substance abusers, to promote\ncoordination with the other offices of the department, and to assist\nlocal governmental units in fulfilling their responsibilities pursuant\nto this chapter.\n (b) The commissioner may adopt regulations necessary and proper to\nimplement any matter under his or her jurisdiction. Proposed rules and\nregulations regarding chemical dependence services shall be submitted to\nthe advisory council on alcoholism and substance abuse services for its\nadvice, in accordance with this article, unless the commissioner finds\nthat the public health, safety, or general welfare requires that such\nregulation be promulgated as an emergency rulemaking.\n (c) In conducting any investigation, audit, financial review,\ninspection, or hearing, the commissioner may subpoena witnesses, compel\ntheir attendance, administer oaths to witnesses, examine witnesses under\noath, and require the production of any books or papers deemed relevant\nto the investigation, inspection, or hearing. Subpoenas issued shall be\nregulated by the civil practice law and rules. The confidentiality of\ninformation obtained by the commissioner from patients' records shall be\nmaintained in accordance with state and federal law.\n (d) The commissioner shall survey and analyze the state's needs, and\nwith the advice of the advisory council on alcoholism and substance\nabuse services, shall, in accordance with the requirements of section\n5.07 and article twenty-five of this chapter, as it pertains to\nsubstance abuse services, and article forty-one of this chapter, as it\npertains to alcoholism services, formulate a comprehensive plan for long\nrange development, through utilization of a network of federal, state,\nlocal and private resources, of adequate services and facilities for the\nprevention and control of chemical abuse or dependence and from time to\ntime revise such plan, ensuring that such plans have as part of their\ngoal the delivery of s
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