N.Y. Comp. Codes R. & Regs. tit. 14 § 857.7

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

Section 857.7 - General Program Standards

(a) Policies and Procedures. In addition to the policies and procedures required by a program's certification, programs offering gambling treatment (as secondary to SUD or as gambling-only) must develop policies and procedures specific to the level of gambling treatment provided including, but not limited to:

(1) Standards of conduct for staff related to providing clinical treatment, self-help support or any other professional service in another independent program, community and/or private practice setting;

(2) provisions to admit without a full diagnosis for a gambling disorder;

(3) Services must include financial counseling and planning (on site or by referral);

(b) Staffing.

(1) Programs providing gambling treatment must have a clinical supervisor and designated counseling staff deemed qualified to provide gambling treatment services. If at any time a program does not meet the staffing requirements the program must immediately report this to their Field Office manager.

(2) Staffing requirements include:

(i) Clinical Supervisor. The Clinical Supervisor must be a Qualified Problem Gambling Professionals (QPGP) as defined in section 857.4 of this Part and be currently acting in a clinical supervisory role. If the Clinical Supervisor is not a QPGP at the time of the application, they must document they are pursuing the requirements and submit proof of completion within one year of application approval. During this time, the direct counseling staff providing gambling treatment must be receiving supervision as approved by OASAS.

(ii) Counselors. Counselors providing direct gambling treatment must be a QPGP.

(iii) Training. All clinical staff should be provided with, and document, training related to gambling disorder and problem gambling.

(iv) Continuing education. Qualified Health Professionals (QHP) as defined in Part 800 of this Chapter, and Pastoral Counselors, must submit documentation of ten (10) hours of advanced clinical problem gambling training every three years.

(c) Admission, initial services, transfers and readmissions.

(1) The program must document that the individual is determined to have met the criteria for problem gambling (meets 1-4 criteria of Gambling Disorder) or Gambling Disorder based on the criteria in the most recent version of the Diagnostic and Statistical Manual (DSM) or the International Classification of Diseases (ICD).

(2) The program must have used a gambling screening tool that has been approved by the Office.

(3) The decision to admit an individual must be made by the clinical supervisor defined in subdivision (b) of this section, and must be documented by such supervisor's dated signature (physical or electronic signature) and include the basis for admitting the patient.

(d) Case Records and Confidentiality.

(1) The following must be included in records for patients admitted for gambling treatment: A completed gambling screening tool approved by OASAS;

(2) If admitted for gambling as a secondary diagnosis, patient records can be kept together subject to all federal and state confidentiality laws and regulations. If admitted for gambling-only treatment services, patient records must be kept separate from records for patients receiving substance use disorder treatment.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 857.7

Adopted New York State Register March 20, 2019/Volume XLI, Issue 12, eff. 3/20/2019