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This entry was published on 2014-09-22
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SECTION 431
Licensure
Social Services (SOS) CHAPTER 55, ARTICLE 6, TITLE 7
§ 431. Licensure. 1. No place, person, association, corporation,
institution or agency shall operate a day services program without first
obtaining a permit issued therefor by the department, or otherwise than
in accordance with the terms of such permit and with the regulations of
the department.

2. The department shall promulgate regulations specifying the
procedures for obtaining a permit required pursuant to this section and
enumerating the documentation needed for such a permit. The regulations
shall also include program standards which the department shall develop
with the advice of the board of social welfare, the department of mental
hygiene and the department of education. An application for a permit
pursuant to this section shall include full information regarding the
applicant's efforts to secure funding for its day services program. The
department shall advise and otherwise assist the applicant in obtaining
funds where such funds may be available under the provisions of this and
any other law.

3. The department shall not issue a permit for the operation of a day
services program which includes the provision of care, treatment or
services requiring licensure or any other form of approval from or by
another state agency or official, unless such license or approval has
been obtained. There shall be such cooperative and coordinated
arrangements between and among the department and the state departments
of mental hygiene and education and other appropriate state departments
and agencies as shall be necessary to assure that applications for
required licenses or other forms of approval will be processed
expeditiously.

4. Before any permit issued pursuant to this section is suspended or
revoked, or when an application for such permit is denied, the applicant
or holder of the permit shall be entitled, pursuant to the regulations
of the department, to a hearing before the department. However, a
permit may be temporarily suspended or limited without a hearing for a
period not in excess of thirty days upon written notice to the holder of
the permit following a finding that the public health, or any
individual's health, safety or welfare, is in imminent danger.