N.Y. Comp. Codes R. & Regs. tit. 14 § 856.5

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

Section 856.5 - Policy and procedures

(a) The program that chooses to become a tobacco-limited program , remain a tobacco-free program, or return to being a tobacco-free program, shall determine and establish written policies, procedures and methods governing the provision of a tobacco-limited or tobacco free environment. . These policies, procedures and methods should at a minimum include the following:

(1) Defines the parts of the facility and vehicles where tobacco use is not permitted ;

(2) For tobacco-limited programs, defines designated areas on facility grounds where limited use of certain tobacco products by patients is permitted in accordance with guidance issued by the Office and Public Health Law Section 1399-O;

(a) Use of nicotine delivery systems by patients shall not be permitted;

(b) Use of tobacco products and/or nicotine delivery devices by family members and other visitors shall not be permitted;

(4) For tobacco-limited programs, limits tobacco products that family members and other visitors can bring to patients admitted to the program to closed and sealed packages of cigarettes. ;

(5) Requires all patients, staff, volunteers and visitors be informed of the tobacco- limited or tobacco free policy including posted notices and the provision of copies of the policy;

(6) Establishes a policy prohibiting staff and volunteers from using tobacco products or nicotine delivery systems when they are on the site of the program, from purchasing tobacco products or nicotine delivery systems for, or giving tobacco products or nicotine delivery systems to patients, and from using tobacco products or nicotine delivery systems with patients ;

(6) Describes employee assistance programs and other programs that will be made available to staff who want to stop using tobacco products, nicotine delivery systems, or other nicotine-containing products; ;

(7) Establishes evidence-based harm reduction and cessation treatment modalities for patients who use tobacco products or nicotine delivery systems, in accordance with guidance from the Office;

(8) For tobacco-limited programs, establishes a policy prohibiting patients from using tobacco products during program hours except for the limited use of certain tobacco products in designated areas of the facility grounds at designated times, in accordance with guidance issued by the Office;

(9) Describes required annual training for staff, including clinical, non-clinical, administrative and volunteers about tobacco products, nicotine dependence, and tobacco use disorder that is sufficient for the program to operate a holistic approach to tobacco use disorder that is evidenced in progress notes, policies and procedures, perception of care, and outcomes ;

(10) Describes tobacco and nicotine prevention and education programs made available by the service to patients, staff, volunteers and others;

(11) Establishes procedures, including a policy to address patients who continue to use or return to use of tobacco products or nicotine delivery systems. This policy shall be incorporated into the policy and procedures as required by all programs for adults certified, funded or otherwise authorized by this Title and every effort shall be made to provide appropriate treatment services to all persons in need of substance use disorder treatment services. Additionally, each facility shall address staff who continue to use or return to use of tobacco products consistent with the requirements of 856.5(a)(5) of this Title and the employment procedure of that facility.

(12) For tobacco-free services, established tobacco free policies consistent with this Part and guidance issued by the Office.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 856.5

Amended New York State Register March 9, 2022/Volume XLIV, Issue 10, eff. 3/1/2022