N.Y. Comp. Codes R. & Regs. tit. 14 § 1000.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1000.1 - Definitions

(a) Division means the Division of Substance Abuse Services within the Office of Alcoholism and Substance Abuse of the State of New York, established pursuant to article 19 of the Mental Hygiene Law.

(b) Director, as used in this Chapter, means the Director of the Division of Substance Abuse Services.

(c) Substance means:

(1) any controlled substance listed in Public Health Law section 3306;

(2) any substance listed in Public Health Law section 3380; and

(3) any of the substances which have been certified to the director in accordance with section 1000.2 of this Part. The term substance as used in this Chapter shall not include alcohol or tobacco.

(d) Substance abuse means the repeated use of one or more substances, as defined in this section, except when such substance is used in accordance with a lawful prescription.

(e) Substance dependence means physical or psychological reliance upon a substance, as defined in this section, arising from:

(1) substance abuse; or

(2) the lawful use of any such substance for the sole purpose of alleviating such physical or psychological reliance.

(f) Substance abuse program means an entity which provides substance abuse services to persons who are substance abusers, substance dependent, or who are in need of services to avoid becoming substance abusers or substance dependent, or significant others as such term is defined in this section. Substance abuse services may be provided in a residential setting or on an ambulatory or other appropriate basis. An entity which provides substance abuse services as a minor or incidental part of a general health or counseling unit shall not be considered a substance abuse program.

(g) Substance abuse services shall include, but not be limited to, such services as prevention, diagnostic testing, detoxification, chemotherapy, counseling, vocational rehabilitation, educational remediation, referral and other services to inhibit or curtail the onset of substance abuse or substance dependence and to habilitate or rehabilitate persons participating in substance abuse programs.

(h) Significant other means parents, other relatives, a close friend, associate or individual otherwise concerned with the welfare of a person suffering from substance abuse or substance dependence when that individual is directly affected by the person' s substance abuse or substance dependence.

(i) Local agency or local designated agency means a county governmental unit for a county not wholly within a city, and a city governmental unit for a city having a population of one million or more, designated by such county or city as responsible for substance abuse services in that county or city.

(j) Entity means a private person, partnership, professional service corporation, local agency, the State or municipal corporation, or a domestic business or nonprofit corporation, or a foreign business corporation authorized to do business in this State, or a foreign nonprofit corporation authorized to conduct the activities of the corporation within this State, a parent corporation or, as the context requires, a management corporation providing administrative, financial or other services.

(k) Operating costs means expenditures other than capital costs and debt service incurred, subject to the approval of the division, for the maintenance and operation of substance abuse programs, including but not limited to expenditures for treatment, administration, personnel, contractual services, rental and payments made to the Facilities Development Corporation for substance abuse program facilities.

(l) Debt service means any amount, subject to the approval of the division, required to be paid to amortize obligations including principal and interest issued by the New York State Housing Finance Agency, or by or on behalf of a substance abuse program or a local agency to finance capital costs for substance abuse program facilities.

(m) Capital costs are expenditures, subject to the approval of the division, obligated to acquire or construct a substance abuse facility or to improve a substance abuse facility by substantially adding to the value of property or appreciably prolonging the useful life of property.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 1000.1