New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 751 - Organization And Administration › Section 751.2 - Operator

Current through Register Vol. 46, No. 28, July 10, 2024
The operator shall be responsible for the establishment
						of policies and the management and operation of the center in compliance with
						all applicable laws, rules and regulations, including the provisions of this
						Chapter. The operator shall not enter into any agreement limiting such
						responsibility. The operator shall be responsible for ensuring that all of the
						requirements of this Chapter applicable to the center are met. The
						responsibilities of the operator shall include but not be limited to:
(a) the development of a written statement of
					 the purpose and objectives of the center;
(b) ensuring that all patients receive
					 quality health care and services provided in accordance with generally accepted
					 standards of professional practice;
(c) with regard to not-for-profit and
					 business corporate operators, the adoption of bylaws concerning the
					 organization and management of the corporation, including but not limited to,
					 the selection and the authority and responsibilities of members, directors and
					 officers and the number of members and directors necessary to constitute a
					 quorum for the transaction of business;
(d) except with respect to sole proprietors,
					 the establishment of committees, when appropriate, to assist the operator in
					 meeting its functions and responsibilities;
(e) except with respect to sole proprietors,
					 the provision for regular meetings of the operator which shall occur at least
					 quarterly;
(f) ensuring that the
					 following documents, as applicable, are retained on file in the administrative
					 offices of the center:
(1) a current listing
					 of all directors, officers and members or stockholders of a not-for- profit or
					 business corporate operator and all partners of a partnership
					 operator;
(2) the certificate of
					 incorporation and any certificate of doing business;
(3) the current rules and bylaws of the
					 operator;
(4) the current bylaws or
					 policies and procedures of the medical and dental staff;
(5) the minutes of all meetings of the
					 operator and committees, which shall be retained for a period of at least five
					 years from the date of the meeting;
(6) the minutes of all meetings of the
					 medical and dental staff and committees, which shall be retained for a period
					 of at least five years from the date of the meeting;
(7) the applications for admission to staff
					 privileges of all current medical and dental staff, which shall include for
					 each applicant: a statement of training and experience, all supporting
					 documents, satisfactory evidence of conformity with requisite professional
					 licensing laws and records of actions and recommendations of staff committees
					 of the respective professional staff and of the governing authority;
					 and
(8) the reports of health
					 facility inspections and surveys of outside agencies with statements attached
					 thereto specifying the steps taken to correct any hazards or deficiencies or to
					 carry out the recommendations contained therein, which shall be retained for a
					 period of at least five years from the date of inspection;