N.Y. Comp. Codes R. & Regs. tit. 14 § 830.6

Current through Register Vol. 46, No. 38, September 18, 2024

Section 830.6 - Lesbian, Gay, Bisexual, Transgender, Queer and Questioning Program Endorsement

(a) Intent. All OASAS providers must meet minimum requirements for the provision of culturally competent and appropriate services for Lesbian, Gay, Bisexual, Transgender, Queer and Questioning (LGBTQ) patients or clients in accordance with state and federal law, this Title, Local Services Bulletins, Standards and guidance issued by the Office. This program endorsement identifies additional criteria programs must meet as outlined in the LGBTQ Affirming Program Endorsement Standards for OASAS-Certified Programs (hereafter the LGBTQ Standards), as incorporated in this Title, for the provision of LGBTQ affirming addiction treatment services.

(b) Application. Requests for the LGBTQ Program Endorsement shall be in the form of a written application, to include a program self-assessment and attestation found in the LGBTQ Standards posted on the agency website, and submitted by a certified program to the Office Bureau of Certification and the appropriate Regional Office serving the area in which the applicant is located. Office staff may make an on-site visit to the program prior to issuing the Program Endorsement Designation.

(c) Approval. Office approval and operating certificate designation will be based on submission of the attestation and the program self-assessment as well as any additional documentation requested by the Office and as set forth by the Office in this Part and the applicable Standards and guidance.

(d) Certification. Programs receiving the endorsement remain subject to all applicable rules and regulations pertaining to the Part under which they are certified.

(e) Program Self-Assessment. Programs seeking the LGBTQ Program Endorsement designation shall develop and implement policies and procedures consistent with the LGBTQ Standards set forth by the Office, including but not limited to:

(1) Physical environment. The program shall cultivate a welcoming and affirming physical environment for LGBTQ patients, staff, and family members.

(2) Program staff. The program shall establish an inclusive, non-discriminatory workplace environment for LGBTQ employees and actively recruit LGBTQ staff.

(i) At least one staff person identified as the LGBTQ Liaison is tasked with monitoring compliance with all required staff training and maintaining a resource directory and creating referral relationships with LGBTQ affirming providers.

(ii) All program staff shall receive training as identified in the Standards.

(iii) Non-discrimination. Providers shall have policies addressing non-discrimination and encouraging diversity, in hiring and compensation and benefits.

(3) Patient Rights. The program shall implement policies prohibiting discrimination in the delivery of services to LGBTQ patients and their families. Agency Patient Rights will reflect LGBTQ affirming policies and shall be linguistically appropriate.

(4) Service Provision. Staff and patient interaction shall be inclusive, affirming, and meet the needs of LGBTQ patients of all ages and their families, as indicated by:

(i) use of culturally appropriate and affirming language;

(ii) all forms and electronic health record (EHR) use inclusive language and provide for optional selfidentification related to, at a minimum, name, gender marker, pronoun(s), sexual orientation, gender identity or expression, legal and correct name and partnership/marital status;

(iii) availability of referrals for LGBTQ patients and their families to providers within and outside of the agency.

(5) Patient interaction. The program shall address and identify staff responsibilities in creating a welcoming atmosphere and responding to negative patient interactions, including opportunities for addressing harassment among patients.

(6) Confidentiality. The program shall ensure the confidentiality of all patient data, including information about sexual orientation, gender identity or expression, gender pronoun information, legal name and any other identifying information.

(f) Agency Forms. All agency forms shall be updated to include LGBTQ affirming language.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 830.6

Adopted New York State Register January 24, 2018 /Volume XL, Issue 04, eff. 1/24/2018

Amended New York State Register February 16, 2022/Volume XLIV, Issue 07, eff. 2/16/2022

Amended New York State Register September 14, 2022/Volume XLIV, Issue 37, eff. 10/1/2022