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This entry was published on 2014-09-22
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Issuance of operating certificates
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 32
§ 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.