§ 31.05 Issuance of an operating certificate.

(a) No operating certificate shall be issued by the commissioner
unless the commissioner finds:

1. that the premises, equipment, personnel, records, and program are
adequate and appropriate to provide the services for the mentally
disabled which are sought to be authorized,

2. that such services will be provided in compliance with applicable
law and regulations,

3. that, in the case of a community residence or residential care
center for adults, residents will be evaluated upon admission and
periodically thereafter to determine their need for mental health
services which are not provided on site,

4. that, in the case of any community residence or residential care
center for adults, adequate and appropriate aftercare services are
available (i) through a department facility or (ii) within the community
in which such residence is located; and

5. that, in the case of any community residence or residential care
center for adults, the provider of services of such residence will
assist residents in gaining access to such aftercare services.

* 6. that, in the case of any comprehensive psychiatric emergency
program, there are services and necessary agreements, contracts or
affiliations to provide crisis intervention services, crisis outreach
services, crisis residence services, extended observation beds, triage
and referral services as part of an approved comprehensive psychiatric
emergency services plan submitted pursuant to section 31.27 of this
article.

* NB Repealed July 1, 2024

7. that an application for the establishment or operation of a
facility for which an operating certificate is required by this article
from the commissioner of mental health has been approved in accordance
with applicable provisions of this article.

(b) The commissioner may disapprove an application for an operating
certificate, may authorize fewer services than applied for, and may
place such limitations and conditions on the operating certificate as he
deems desirable. In such case he shall afford the applicant an
opportunity to be heard and such hearing shall be public, if so
requested by the applicant.

(c) The commissioner shall specify on each operating certificate the
kind or kinds of services for the mentally disabled that are authorized,
any limitations or conditions, and the expiration date of the
certificate.