N.Y. MHY Law § 32.05 — New York Code / Act MHY / Title E / Article 32 / Section 32.05
Operating certificate required
Status: in_force

§ 32.05 Operating certificate required.\n  (a) Except as provided in subdivision (b) of this section no provider\nof services shall engage in any of the following activities without an\noperating certificate issued by the commissioner pursuant to this\narticle:\n  1. operation of a residential program, including a community residence\nfor the care, custody, or treatment of persons suffering from chemical\nabuse or dependence; provided, however, that giving domestic care and\ncomfort to a person in the home shall not constitute such an operation;\n  1-a. operation of a certified recovery residence in accordance with\nsection 32.05-a of this article for the promotion of sustained recovery\nof persons suffering from a substance use disorder;\n  2. operation of a discrete unit of a hospital or other facility\npossessing an operating certificate pursuant to article twenty-eight of\nthe public health law for the purpose of providing residential or\nnon-residential chemical dependence services; or\n  3. operation of a program established or maintained by a provider of\nservices for the rendition of out-patient or non-residential chemical\ndependence services; provided, however, that such operation shall not be\ndeemed to include (i) professional practice, within the scope of a\nprofessional license or certificate issued by an agency of the state, by\nan appropriately licensed individual or by a partnership of such\nindividuals, or by a professional service corporation duly incorporated\npursuant to the business corporation law wherein all professionals bear\nthe same professional license, or a university faculty practice\ncorporation duly incorporated pursuant to the not-for-profit corporation\nlaw, unless more than fifty percent of such practice by either such\ncorporation consists of the rendering of chemical dependence services;\nor (ii) non-residential services which are chartered or issued a\ncertificate of incorporation pursuant to the education law; or (iii)\npastoral counseling by a clergyman or minister, including those defined\nas clergyman or minister by section two of the religious corporations\nlaw; or (iv) services which are exclusively prevention strategies and\napproaches as defined in section 1.03 of this chapter.\n  * (b) (i) Methadone, or such other controlled substance designated by\nthe commissioner of health as appropriate for such use, may be\nadministered to a person with substance use disorder, as defined in\nsection thirty-three hundred two of the public health law, by individual\nphysicians, groups of physicians and public or private medical\nfacilities certified pursuant to article twenty-eight or thirty-three of\nthe public health law as part of a chemical dependence program which has\nbeen issued an operating certificate by the commissioner pursuant to\nsubdivision (b) of section 32.09 of this article, provided, however,\nthat such administration must be done in accordance with all applicable\nfederal and state laws and regulations. Individual physicians or groups\nof physicians who have obtained authorization from the federal\ngovernment to administer buprenorphine to people with substance use\ndisorder may do so without obtaining an operating certificate from the\ncommissioner. (ii) No provision of this article or any other provision\nof law shall be construed to require a provider licensed pursuant to\narticle twenty-eight of the public health law, article thirty-one of\nthis chapter or a provider certified pursuant to article sixteen of this\nchapter to obtain an operating certificate from the office of alcoholism\nand substance abuse services if such provider has been authorized to\nprovide integrated services in accordance with regulations issued by the\ncommissioner of alcoholism and substance abuse services in consultation\nwith the commissioner of the department of health, the commissioner of\nthe office of mental health and the commissioner of the office for\npeople with developmental disabilities, including regulations issued\npursuant to subdivision seven of section three hundred sixty-five-l of\nthe social services law or part L of chapter fifty-six of the laws of\ntwo thousand twelve.\n  * NB Effective until the date that the rates of reimbursement for\nintegrated behavioral health services are approved and certified by\nparties set forth in chapter 60 of 2026 § 8\n  * (b) (i) Methadone, or such other controlled substance designated by\nthe commissioner of health as appropriate for such use, may be\nadministered to a person with substance use disorder, as defined in\nsection thirty-three hundred two of the public health law, by individual\nphysicians, groups of physicians and public or private medical\nfacilities certified pursuant to article twenty-eight or thirty-three of\nthe public health law as part of a chemical dependence program which has\nbeen issued an operating certificate by the commissioner pursuant to\nsubdivision (b) of section 32.09 of this article, provided, however,\nthat such administration must be done in accordance with all applicable\nfederal and state laws and regulations. Individual physicians or groups\nof physicians who have obtained authorization from the federal\ngovernment to administer buprenorphine to people with substance use\ndisorder may do so without obtaining an operating certificate from the\ncommissioner. (ii) No provision of this article or any other provision\nof law shall be construed to: (A) require a provider licensed pursuant\nto article twenty-eight of the public health law, article thirty-one of\nthis title or a provider certified pursuant to article sixteen of this\nchapter to obtain an operating certificate from the office of addiction\nservices and supports if such provider has been authorized to provide\nintegrated services in accordance with regulations issued by the\ncommissioner of addiction services and supports in consultation with the\ncommissioner of the department of health, the commissioner of the office\nof mental health and the commissioner of the office for people with\ndevelopmental disabilities, including regulations issued pursuant to\nsubdivision seven of section three hundred sixty-five-l of the social\nservices law or part L of chapter fifty-six of the laws of two thousand\ntwelve; or (B) require a provider licensed under section 36.08 of this\ntitle to obtain an operating certificate from the office of addiction\nservices and supports. Furthermore, no provision of this article or any\nother provision of law shall be construed to limit the volume of\naddiction services by a program licensed to provide integrated\nbehavioral health services, as defined in section 36.08 of this title.\n  * NB Effective on the date that the rates of reimbursement for\nintegrated behavioral health services are approved and certified by\nparties set forth in chapter 60 of 2026 § 8\n  (c) No individual, partnership, association, corporation, limited\nliability company or partnership, public or private agency or any part\nthereof shall adopt a corporate name or hold itself out to the public in\na manner which indicates, directly or indirectly, the availability of\ntreatment, programs, or services for persons suffering from chemical\nabuse or dependence unless it has obtained an operating certificate from\nthe commissioner in accordance with the provisions of this article.\n  (d) The operation of a program for which an operating certificate is\nrequired shall be in accordance with the terms of the operating\ncertificate and regulations of the commissioner.\n  (e) Any individual, partnership, association, corporation, limited\nliability company or partnership, public or private agency or any part\nthereof who knowingly fails to comply with the provisions of this\nsection shall be guilty of a misdemeanor as defined in the penal law.\n  (f) If the commissioner has reason to believe that there is an\nindividual, partnership, association, corporation, limited liability\ncompany or partnership, public or private agency or any part thereof\nwhich is providing chemical dependence services or which purports to\nprovide such services and which does not possess a required current\nvalid operating certificate, he or she shall proceed pursuant to\napplicable sections of this chapter including but not limited to\nsections 32.13, 32.15, 32.19 and 32.27 of this article.\n