§ 31.05 Issuance of an operating certificate.\n (a) No operating certificate shall be issued by the commissioner\nunless the commissioner finds:\n 1. that the premises, equipment, personnel, records, and program are\nadequate and appropriate to provide the services for the mentally\ndisabled which are sought to be authorized,\n 2. that such services will be provided in compliance with applicable\nlaw and regulations,\n 3. that, in the case of a community residence or residential care\ncenter for adults, residents will be evaluated upon admission and\nperiodically thereafter to determine their need for mental health\nservices which are not provided on site,\n 4. that, in the case of any community residence or residential care\ncenter for adults, adequate and appropriate aftercare services are\navailable (i) through a department facility or (ii) within the community\nin which such residence is located; and\n 5. that, in the case of any community residence or residential care\ncenter for adults, the provider of services of such residence will\nassist residents in gaining access to such aftercare services.\n * 6. that, in the case of any comprehensive psychiatric emergency\nprogram, there are services and necessary agreements, contracts or\naffiliations to provide crisis intervention services, crisis outreach\nservices, crisis residence services, extended observation beds, triage\nand referral services as part of an approved comprehensive psychiatric\nemergency services plan submitted pursuant to section 31.27 of this\narticle.\n * NB Repealed July 1, 2027\n 7. that an application for the establishment or operation of a\nfacility for which an operating certificate is required by this article\nfrom the commissioner of mental health has been approved in accordance\nwith applicable provisions of this article.\n (b) The commissioner may disapprove an application for an operating\ncertificate, may authorize fewer services than applied for, and may\nplace such limitations and conditions on the operating certificate as he\ndeems desirable. In such case he shall afford the applicant an\nopportunity to be heard and such hearing shall be public, if so\nrequested by the applicant.\n (c) The commissioner shall specify on each operating certificate the\nkind or kinds of services for the mentally disabled that are authorized,\nany limitations or conditions, and the expiration date of the\ncertificate.\n
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