N.Y. Comp. Codes R. & Regs. tit. 14 § 853.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 853.3 - Definitions

(a)Active application period means five (5) years from the date the Office performs an initial application review . A credential must be obtained during an active application period.

(b)Addiction Services means services delivered by a certified or authorized provider or program for the prevention, treatment or recovery from an addiction disorder limited to substance use disorder, as defined in Part 800 of this Title, gambling disorder as defined in the most recent edition of the Diagnostic and Statistical Manual (DSM), or problem gambling which means gambling behavior meeting less than four (4) of the DSM criteria for gambling disorder.

(c)Applicant means a person who initiates an application for a new credential or designation, to renew an existing credential or re-activate an inactive credential, or to request permission to apply after a credential has been revoked or deactivated.

(d)Approved work setting means a program which meets one or more of the following conditions:

(1) is operated by the Office or holds a valid operating certificate issued by the Office; or

(2) is authorized by a licensing authority of another state or is a program providing addiction services consistent with OASAS' standards and is licensed or operated by another New York state agency or the federal government such as the Indian Health Service or the Veterans' Administration; or

(3) is a non-certified setting which provides addiction services such that it affords an applicant:

(i) the opportunity to establish proficiency in one or more of the professional competencies associated with a credential administered by the Office; and

(ii) on-site supervision by a Qualified Health Professional defined in Part 800 of this Title who meets the supervisory standards established by the Office.

(e)CASAC-P or CASAC-Provisional means a person who has completed a specified level of education and training towards a CASAC and has a signed Verification of Employment or Intent to Hire Letter, from an OASAS certified treatment provider, but whose scope of practice is limited by standards established by the Office.

(f)CASAC-T or CASAC-Trainee means a person who has completed a specified level of education and training towards a CASAC but whose scope of practice is limited by standards established by the Office.

(g)Credentialed professional means a Credentialed Alcoholism and Substance Abuse Counselor ("CASAC"), a Credentialed Prevention Professional ("CPP"), Credentialed Prevention Specialist ("CPS"), any of the preceding credentialed professionals with an additional Gambling designation ("CASAC-G," "CPP-G," "CPS-G,"), a Certified Problem Gambling Counselor ("CPGC"), a Credentialed Alcoholism and Substance Abuse Counselor Provisional ("CASAC-P") a Credentialed Alcoholism and Substance Abuse Counselor Trainee ("CASAC-T"), or a person holding any other credential which may be overseen by the office.

(h)Dual relationship or multiple relationship means a professional relating to a service recipient, their significant others or family members in more than one context whether professional, sexual, social or business. Dual relationships can occur simultaneously or sequentially (past, present or future) and have potential for abuse.

(i)Justice Center means the Justice Center for the Protection of People with Special Needs.

(j)Prevention and prevention services means a proactive, evidence-based process with focus on increasing protective factors and decreasing risk factors associated with alcohol, substance abuse, and problem gambling behavior in individuals, families, and communities.

(k)Qualified Prevention Supervisor means a person who meets at least one of the following criteria:

(1) is a Credentialed Prevention Professional (CPP);

(2) is licensed, certified or credentialed in a related discipline with a minimum of two (2) years of qualifying prevention work experience and has completed a minimum of thirty (30) hours of prevention-specific education and training. For purposes of this Part, related disciplines shall include: CASAC, CPGC; Certified Public Health Administrator ("CPHA"), NY State Education Licensed or Certified Teacher, Health Educator, Guidance Counselor, Rehabilitation Counselor, Social Worker, Licensed Mental Health Practitioner, Registered Nurse, Physician, or a counselor certified by the National Board of Certified Counselors; Certified Health Education Specialist; or

(3) is approved at the discretion of the Office.

(l)Reinstatement means the process by which an expired credential, either due to failure to renew, suspension, or revocation in excess of one year beyond renewal date, or otherwise, can become active again.

(m)Renewal period means the three (3) year period between a credential issue date and date of expiration.

(n)Scope of practice means a framework for practice and supervisory functions of credentialed and licensed professionals defined by the Office or other licensing agency in statute, regulation or guidance.

(o)Staff Exclusion List (SEL) means the statewide register maintained by the Justice Center containing the names of individuals found responsible for serious or repeated acts of abuse or neglect in their role as custodians. Individuals with either a single substantiated "Category 1" offense or two substantiated "Category 2" offenses within a three-year period are placed on the List and are prohibited from future care of vulnerable persons in the State of New York.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 853.3

Adopted New York State Register September 9, 2015/Volume XXXVII, Issue 36, eff. 9/9/2015

Amended New York State Register July 15, 2020/Volume XLII, Issue 28, eff. 4/1/2021

Amended New York State Register February 7, 2024/Volume XLVI, Issue 6, eff. 2/7/2024