New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 810 - Establishment, Incorporation and Certification Of Providers of Substance Use Disorder Services › Section 810.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a)
Acquisition
means
				obtaining real property by purchase, lease, donation, condemnation, inheritance
				or bequest.
(b)
Applicant
means a provider or prospective provider of services
				who submits an application for the commissioner's approval in accordance with
				this Part.
(c)
Criminal
				history information, criminal background, or criminal history record
means a record of pending criminal charges, criminal convictions which are not
				vacated or reversed, and certificates filed pursuant to subdivision (2) of
				section 705  of the
				Correction Law, and which the New York State Division of Criminal Justice
				Services is authorized to maintain pursuant to subdivision (6) of section 837  of the
				Executive Law. For purposes of this Part, criminal history information,
				criminal background, or criminal history record shall also include information
				from the Federal Bureau of Investigation as a result of a national criminal
				history record check.
(d)
Construction
means the erection, building, substantial
				acquisition, alteration, reconstruction, improvement, extension or modification
				of a facility, including, equipment, the inspection and supervision thereof,
				and the studies, surveys, designs, plans, working drawings, specifications,
				procedures and other actions necessary thereto.
(e)
Establishment
means
				planning, developing or organizing by a prospective or existing provider
				related to services or a facility to be used for providing addiction
				services.
(f)
Facility
means any place where addiction services certified by
				the office are provided.
(g)
Governing authority
means the overall policy making authority,
				whether an individual or group, that exercises general direction over the
				affairs of a provider of services and establishes policies concerning its
				operation.
(h)
Incorporation
means the process of forming a corporation,
				including the filing of a certificate of incorporation under any statute to
				form a corporation, which shall also include certificates of amendment, merger
				or consolidation of other certificates filed by the corporation under any
				statute.
(i)
Local
				governmental unit
means a unit of local government or a local agency
				given authority in accordance with Articles 25 and/or 41 of the Mental Hygiene
				Law and by the local government to be responsible for addiction
				services.
(j)
Operating
				certificate
means a written notice conveying to the public that the
				Commissioner has issued approval for the governing authority to operate
				authorized services at the location or locations specified thereon.
(k)
Project
means all
				information, documents, planning and development activities and all activities
				relating to establishment, incorporation or construction prior to any operation
				or change in operation of a facility or service.
(l)
Provider of services
means an individual, association, partnership, corporation, public or private
				agency, other than an agency or department of the State, which provides
				addiction services.
(m)
Specialized service
means services defined in Part 824 of this
				Title requiring an appropriate review and approval of a certification
				application pursuant to this Part.