2023 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;
1-a. operation of a certified recovery residence  in  accordance  with
section  32.05-a of this article for the promotion of sustained recovery
of persons suffering from a substance use disorder;
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.