§ 31.04 Regulatory powers of the commissioner.\n (a) The commissioner shall have the power to adopt regulations to\neffectuate the provisions and purposes of this article, including, but\nnot limited to, the following:\n 1. establishing classes of operating certificates based upon such\nfactors as physical plant, program, and staff.\n 2. setting standards of quality and adequacy of facilities, equipment,\npersonnel, services, records, and programs for the rendition of services\nfor the mentally disabled pursuant to an operating certificate.\n 3. specifying a definite period for which the operating certificate\nwill be in effect for each class.\n * 4. establishing procedures for the issuance, amendment, and renewal\nof operating certificates, including temporary operating certificates,\nand for the suspension or revocation of operating certificates. Such\nprocedures shall specify that no application for the issuance or renewal\nof an operating certificate for a hospital, which is operated as part of\na hospital as defined in article twenty-eight of the public health law,\nshall be effective until such hospital is granted approval to admit\npatients in emergencies for immediate observation, care and treatment in\naccordance with section 9.39 or 9.40 of this chapter, provided that the\ncommissioner shall waive this requirement for two year periods upon his\ndetermination that (i) there is no need for additional beds for\nemergency psychiatric admissions in the local geographic area, (ii) the\nhospital lacks the physical capacity to reasonably accommodate such\nemergency admissions without extensive structural changes, (iii) the\nhospital does not and reasonably could not provide the scope of services\nnecessary to assure adequate and appropriate psychiatric care and\ntreatment for patients in emergency situations, or (iv) the hospital has\nagreed to accept referrals of involuntary psychiatric patients under an\nemergency admissions system which has been approved by the commissioner.\nProvided, however, nothing in this paragraph shall be interpreted to\nrequire a hospital without an onsite emergency room to accept patients\nin need of emergency observation, care and treatment.\n * NB Effective until July 1, 2027\n * 4. establishing procedures for the issuance, amendment, and renewal\nof operating certificates, including temporary operating certificates,\nand for the suspension or revocation of operating certificates. Such\nprocedures shall specify that no application for the issuance or renewal\nof an operating certificate for a hospital, which is operated as part of\na hospital as defined in article twenty-eight of the public health law,\nshall be effective until such hospital is granted approval to admit\npatients in emergencies for immediate observation, care and treatment in\naccordance with section 9.39 of this chapter, provided that the\ncommissioner shall waive this requirement for two year periods upon his\ndetermination that (i) there is no need for additional beds for\nemergency psychiatric admissions in the local geographic area, (ii) the\nhospital lacks the physical capacity to reasonably accommodate such\nemergency admissions without extensive structural changes, (iii) the\nhospital does not and reasonably could not provide the scope of services\nnecessary to assure adequate and appropriate psychiatric care and\ntreatment for patients in emergency situations, or (iv) the hospital has\nagreed to accept referrals of involuntary psychiatric patients under an\nemergency admissions system which has been approved by the commissioner.\nProvided, however, nothing in this paragraph shall be interpreted to\nrequire a hospital without an onsite emergency room to accept patients\nin need of emergency observation, care and treatment.\n * NB Effective July 1, 2027\n 5. setting for the operation of certified family care homes standards\ngoverning adequacy of the building and equipment, fire protection,\nsafety, sanitation,
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