2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 31 - Regulation and Quality Control of Services for the Mentally Disabled › 31.02 - Operating Certificate Required.

§ 31.02 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 facility  or  institution,  including  a
community residence, for the care, custody, or treatment of the mentally
disabled;  provided, however, that giving domestic care and comfort to a
person in the home shall not constitute such an operation.
2. operation of any part of a general  hospital  for  the  purpose  of
providing  residential  or  non-residential  services  for  the mentally
disabled.
3. operation of a facility  established  or  maintained  by  a  public
agency,  board,  or commission, or by a corporation for the rendition of
out-patient or  non-residential  services  for  the  mentally  disabled;
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  individual
practitioner   or   by  a  partnership  of  such  individuals  or  by  a
professional service  corporation  duly  incorporated  pursuant  to  the
business corporation law or by a university faculty practice corporation
duly incorporated pursuant to the not-for-profit corporation law or (ii)
non-residential  services which are licensed, supervised, or operated by
another agency of  the  state  and  nonresidential  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.
4. operation of a residential  treatment  facility  for  children  and
youth.
5. operation of a residential care center for adults.
* 6. operation of a comprehensive psychiatric emergency program.
* NB Repealed July 1, 2027
(b)  A  provider  of services operating a community residence on April
first, nineteen  hundred  seventy-six,  shall  be  issued  an  operating
certificate  by the commissioner without requiring proof that there is a
public need for such residence, providing application for such operating
certificate to  the  department  in  accordance  with  this  article  is
submitted  prior  to  September  first,  nineteen  hundred  seventy-six.
Pending the determination of any such  application  the  continuance  of
such  operation shall be lawful. An application pursuant to this section
shall be deemed filed with the  department  upon  being  mailed  to  the
department by registered or certified mail.
(c)  The operation of a facility for which an operating certificate is
required shall  be  in  accordance  with  the  terms  of  the  operating
certificate and the regulations of the commissioner.
(d)  Any  provider  of services who knowingly fails to comply with the
provisions of this section or of section 31.03 of this article shall  be
guilty of a misdemeanor.
(e) If the commissioner has reason to believe that there is a provider
of  services  for  the mentally disabled who 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 31.07, 31.09, 31.11, 31.13 and 31.21 of this article.
(f)  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 or certified pursuant to article
sixteen or article thirty-two of this chapter  to  obtain  an  operating

certificate  from  the office of mental health if such provider has been
authorized to provide integrated services in accordance with regulations
issued  by  the  commissioner  of  the  office  of  mental   health   in
consultation  with  the  commissioner  of  the department of health, the
commissioner of the office of alcoholism and  substance  abuse  services
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.