§ 19.21 Programs, services, and operation of facilities certified or\n licensed by the office of alcoholism and substance abuse\n services; temporary emergency operating certificates and\n licenses.\n (a) The office shall inspect and approve or disapprove the facilities\nof and the services provided by alcoholism programs, substance abuse\nprograms, and chemical dependence programs, and any program or facility\npurporting to provide such services.\n (b) The office shall redefine and develop, establish, promulgate, and\nenforce certification, inspection, licensing, and treatment standards\nfor chemical dependence facilities and staff, which shall be applied in\naddition to any other standards for any other services provided by such\nfacilities, and which shall be applicable to any facility providing or\npurporting to provide as part or all of a program of services, any\nservices for the alleviation of the conditions of alcoholism, alcohol\nabuse, substance abuse, substance dependence, chemical abuse, or\nchemical dependence. Where appropriate, such standards shall provide\nfor priority of admission for persons whose children have been placed in\nfoster care or are in jeopardy of being so placed pursuant to article\nten of the family court act or article six of the social services law.\n (c) The office shall have the authority to assist, through counseling\nor referral, and cause assistance to be provided to, recovering\nalcoholic persons; or former alcohol abusers, substance abusers, or\nsubstance dependent persons; or other persons who have received\nalcoholism, substance abuse, or chemical dependence services, with\nrespect to any right or privilege impaired, suspended, or forfeited as a\nresult of alcoholism; or past substance abuse, substance dependence, or\nchemical dependence; or the receipt of such services, in securing the\nbenefits of any non-discrimination laws or policies regarding such\npersons enacted or adopted by federal, state or local governments.\n (d) The office shall establish reasonable performance standards for\nall providers of alcoholism, substance abuse, and chemical dependence\nservices which are certified by such office pursuant to this title.\n (1) Such standards shall:\n (i) take into consideration program resources and the functional\nseverity of patients served; and\n (ii) be clearly defined and developed in consultation with certified\nproviders of alcoholism, substance abuse, and chemical dependence\nservices.\n (2) The office shall promulgate regulations to implement the\nprovisions of this subdivision which:\n (i) establish criteria to assess alcoholism, substance abuse, and\nchemical dependence treatment effectiveness in accordance with the\nstandards developed pursuant to this subdivision, including but not\nlimited to criteria regarding client retention, completion of program,\nand outcome results; and\n (ii) establish a procedure to be implemented by such office for\nreviewing and evaluating performance of certified providers of service\nin a consistent and objective manner.\n
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