NY Ment Hygiene L § 32.05 (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. 32.05 - Operating Certificate Required.

§ 32.05 Operating certificate required.  (a)  Except as provided in subdivision (b) of this section no provider of services shall engage in any of the following activities  without  an operating  certificate  issued  by  the  commissioner  pursuant  to this article:   1. operation of a residential program, including a community residence for the care, custody, or treatment of persons suffering  from  chemical abuse  or  dependence;  provided, however, that giving domestic care and comfort to a person in the home shall not constitute such an operation;   2. operation of a discrete  unit  of  a  hospital  or  other  facility possessing  an operating certificate pursuant to article twenty-eight of the public health law  for  the  purpose  of  providing  residential  or non-residential chemical dependence services; or   3.  operation  of a program established or maintained by a provider of services for the rendition of out-patient  or  non-residential  chemical dependence services; provided, however, that such operation shall not be deemed  to  include  (i)  professional  practice,  within the scope of a professional license or certificate issued by an agency of the state, by an appropriately  licensed  individual  or  by  a  partnership  of  such individuals,  or by a professional service corporation duly incorporated pursuant to the business corporation law wherein all professionals  bear the   same  professional  license,  or  a  university  faculty  practice corporation duly incorporated pursuant to the not-for-profit corporation law, unless more than fifty percent of  such  practice  by  either  such corporation  consists  of the rendering of chemical dependence services; or (ii)  non-residential  services  which  are  chartered  or  issued  a certificate  of  incorporation  pursuant  to the education law; or (iii) pastoral counseling by a clergyman or minister, including those  defined as  clergyman  or  minister by section two of the religious corporations law; or (iv) services which are exclusively  prevention  strategies  and approaches as defined in section 1.03 of this chapter.  (b)  (i)  Methadone,  or such other controlled substance designated by the  commissioner  of  health  as  appropriate  for  such  use,  may  be administered  to  an  addict, as defined in section thirty-three hundred two of the public  health  law,  by  individual  physicians,  groups  of physicians  and  public or private medical facilities certified pursuant to article twenty-eight or thirty-three of the public health law as part of a chemical dependence program which  has  been  issued  an  operating certificate  by  the commissioner pursuant to subdivision (b) of section 32.09 of this article, provided, however, that such administration  must be  done  in  accordance  with all applicable federal and state laws and regulations. Individual physicians or  groups  of  physicians  who  have obtained   authorization  from  the  federal  government  to  administer buprenorphine to addicts  may  do  so  without  obtaining  an  operating certificate  from the commissioner. (ii) No provision of this article or any other provision of law shall be  construed  to  require  a  provider licensed  pursuant  to  article  twenty-eight  of the public health law, article thirty-one of this chapter or a provider certified  pursuant  to article  sixteen of this chapter to obtain an operating certificate from the office of alcoholism and substance abuse services if  such  provider has  been  authorized  to provide integrated services in accordance with regulations issued by the commissioner of alcoholism and substance abuse services in consultation with the  commissioner  of  the  department  of health,  the  commissioner  of  the  office  of  mental  health  and the commissioner of the office for people with  developmental  disabilities, including  regulations  issued  pursuant to subdivision seven of section three hundred sixty-five-l of the social  services  law  or  part  L  of chapter fifty-six of the laws of two thousand twelve.  (c)  No  individual,  partnership,  association,  corporation, limited liability company or partnership, public or private agency or  any  part thereof shall adopt a corporate name or hold itself out to the public in a  manner  which  indicates, directly or indirectly, the availability of treatment,  programs,  or  services  for persons suffering from chemical abuse or dependence unless it has obtained an operating certificate from the commissioner in accordance with the provisions of this article.  (d) The operation of a program for which an operating  certificate  is required  shall  be  in  accordance  with  the  terms  of  the operating certificate and regulations of the commissioner.  (e) Any individual,  partnership,  association,  corporation,  limited liability  company  or partnership, public or private agency or any part thereof who knowingly fails  to  comply  with  the  provisions  of  this section shall be guilty of a misdemeanor as defined in the penal law.  (f)  If  the  commissioner  has  reason  to  believe  that there is an individual, partnership,  association,  corporation,  limited  liability company  or  partnership,  public  or private agency or any part thereof which is providing chemical dependence services  or  which  purports  to provide  such  services  and  which  does not possess a required current valid operating  certificate,  he  or  she  shall  proceed  pursuant  to applicable  sections  of  this  chapter  including  but  not  limited to sections 32.13, 32.15, 32.19 and 32.27 of this article.