February 9, 2023

The New York State Office of Addiction Services and Supports (OASAS) is responsible for the certification, regulation, and oversight of addiction services throughout New York State. OASAS leads a comprehensive system of prevention, treatment, harm reduction and recovery services to treat substance use disorder and problem gambling.  Under 14 NYCRR Part 800.7, the Office has the authority to waive regulatory provisions when meeting a specific requirement would impose a hardship but waiving the specific requirement would not impact patient/resident health and safety, and the waiver would be in the best interests of patients/residents. 

OASAS is aware that the Consolidated Appropriations Act of 2023, which was signed into law by President Biden on December 29, 2022, amended the Controlled Substances Act (CSA) and enacted important changes in the medical treatment of opioid use disorder (OUD).  These changes included the elimination of the requirement to obtain a DATA 2000/X-waiver to prescribe buprenorphine.  To comply with this change while OASAS modifies regulations that are impacted by this change, OASAS will be waiving any provisions in our regulations, specifically Parts 800.4(h)(2), 800.6(b), and 800.6(d) that require practitioners to have a DATA 2000/X-waiver.

This waiver does not modify or remove any other applicable programmatic, regulatory, or statutory requirements. 

Sincerely,

Chinazo Cunningham, MS,                                                                        

Commissioner, NYS OASAS