If a provider is certified by OMH to provide mental health services, is that provider prohibited from admitting an individual who also has a co-occurring substance use disorder?
• No. There is nothing in NYS law or OMH regulations that would bar a mental health provider from admitting a person who also has a substance use disorder,so long as the person meets the admission criteria of the mental health program and is able to participate in the program. • If a mental health provider admits a person to, for example, an outpatient mental health clinic, and the person also has a substance use diagnosis, isnt the clinic providing substance use services that require an operating certificate from OASAS? • No. Mental Hygiene law Section 32.05 provides that no provider of services shall engage in the provision of outpatient services for persons with chemical dependency without having been issued an operating certificate from OASAS. However, if an outpatient mental health provider admits a person who meets the criteria for admission to the outpatient program, it is providing outpatient mental health services to the person, not chemical dependency services. In this respec
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