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. › 32.09 - 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.