New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
Part 856 - Tobacco Use in Adult Services
Section 856.2 - Legal base

(a) Section 19.07 (e) of the Mental Hygiene Law authorizes the Commissioner of the Office of Addiction Services and Supports ("the Commissioner") to adopt standards including necessary rules and regulations pertaining to substance use disorder services.

(b) Section 19.09 (b) of the Mental Hygiene Law authorizes the Commissioner to adopt regulations necessary and proper to implement any matter under their jurisdiction.

(c) Section 19.21 (b) of the Mental Hygiene Law requires the Commissioner to establish and enforce certification, inspection, licensing and treatment standards for substance use disorder treatment facilities.

(d) Section 19.21 (d) of the Mental Hygiene Law requires the Commissioner to promulgate regulations which establish criteria to assess substance use disorder treatment effectiveness and to establish a procedure for reviewing and evaluating the performance of providers of services in a consistent and objective manner.

(e) Section 32.01 of the Mental Hygiene Law authorizes the Commissioner to adopt any regulation reasonably necessary to implement and effectively exercise the powers and perform the duties conferred by Article 32 of the Mental Hygiene Law.

(f) Section 32.07 (a) of the Mental Hygiene Law authorizes the Commissioner to adopt regulations to effectuate the provisions and purposes of Article 32 of the Mental Hygiene Law.

(g) Section 1399-O of the Public Health Law regulates smoking and vaping in certain public areas.