NY Ment Hygiene L § 32.09 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. 32.09 - Issuance of Operating Certificates.

§ 32.09 Issuance of operating certificates.  (a)  No  operating  certificate  shall  be  issued by the commissioner unless the commissioner is satisfied as to:   1. the  public  need  for  the  chemical  dependence  services  to  be established  upon the issuance of the operating certificate, taking into consideration local, regional, and statewide need; and   2. the character, competence and standing  in  the  community  of  the person or entity responsible for operating the facility;   3.  the  overall  financial condition of applicants, through review of audited  financial  statements,  taking  into  consideration   financial resources of the proposed facility and its sources of future revenues;   4.  the  adequacy  of the premises, equipment, personnel, records, and program to provide  the  services  which  would  be  authorized  by  the operating certificate;   5.  that  such services will be provided in compliance with applicable law and regulations;   6. that the provider of services will provide patients with continuity of care consistent with treatment and discharge plans; and   7. such other matters as the commissioner shall deem pertinent and  in the public interest.  (b)  In addition to the provisions of subdivision (a) of this section, no  operating  certificate  shall  be  issued  by  the  commissioner  to authorize  the  administration  and  dispensing  of  methadone  or other controlled substances by certain physicians and/or medical facilities in accordance with subdivision (b) of section 32.05 of this article  unless such commissioner is satisfied that:   1.  the  applicant  is  ready, willing and able to properly carry on a chemical dependency program;   2. the applicant will be able to maintain  effective  control  against diversion of controlled substances;   3. it is in the public interest that such certification be granted;   4.  the  applicant  is  able  to  comply with all applicable state and federal laws; and   5. the applicant will establish procedures to effectively implement  a detoxification  program  to further relieve addicts from dependence upon methadone or such other controlled substances prescribed  for  treatment in subject maintenance programs.  (c) Operating certificates shall be valid for up to a five year period as shall be expressly provided upon such certificate or renewal thereof.  (d)  The  commissioner shall specify on each operating certificate the kind or kinds of services authorized, any limitations or  conditions  of the certificate, and the expiration date of the certificate.  (e) Notwithstanding the provisions of subdivision (a) of this section, the commissioner shall have the authority to grant temporary approval of an  operating  certificate for a period not to exceed one hundred twenty days, in the event of a threat or imminent threat of a  catastrophic  or emergency  loss  of  available  services. Such temporary approval may be extended beyond one hundred twenty  days  as  deemed  necessary  by  the commissioner,  but  not  to  exceed  more than an additional one hundred twenty days.  (f) The commissioner may disapprove an application  for  an  operating certificate,  may  authorize  fewer  services  than applied for, and may place limitations and conditions on the operating certificate he or  she determines to be reasonable and necessary, including, but not limited to compliance  with  a  time  limited  plan of correction of any deficiency which does not threaten the health or well being of any patient. In such cases the applicant shall be given an  opportunity  to  be  heard  at  a public hearing, if requested by the applicant.  (g) All operating certificates shall remain the property of the office and  must  be  returned  to  the  office  upon  revocation or expiration thereof, or upon the demand of the commissioner. Operating  certificates are not transferable.