N.Y. Mental Hygiene Law § 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 people with substance use

disorder 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.