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 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 three-year  period as shall be expressly provided upon such certificate  or  renewal  thereof.    * NB Effective until January 26, 2011    * (c)  Operating  certificates  shall  be  valid for up to a five year  period as shall be expressly provided upon such certificate  or  renewal  thereof.    * NB Effective January 26, 2011    (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 mayplace 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.