§ 32.09 Issuance of operating certificates.\n (a) No operating certificate shall be issued by the commissioner\nunless the commissioner is satisfied as to:\n 1. the public need for the chemical dependence services to be\nestablished upon the issuance of the operating certificate, taking into\nconsideration local, regional, and statewide need; and\n 2. the character, competence and standing in the community of the\nperson or entity responsible for operating the facility;\n 3. the overall financial condition of applicants, through review of\naudited financial statements, taking into consideration financial\nresources of the proposed facility and its sources of future revenues;\n 4. the adequacy of the premises, equipment, personnel, records, and\nprogram to provide the services which would be authorized by the\noperating certificate;\n 5. that such services will be provided in compliance with applicable\nlaw and regulations;\n 6. that the provider of services will provide patients with continuity\nof care consistent with treatment and discharge plans; and\n 7. such other matters as the commissioner shall deem pertinent and in\nthe public interest.\n (b) In addition to the provisions of subdivision (a) of this section,\nno operating certificate shall be issued by the commissioner to\nauthorize the administration and dispensing of methadone or other\ncontrolled substances by certain physicians and/or medical facilities in\naccordance with subdivision (b) of section 32.05 of this article unless\nsuch commissioner is satisfied that:\n 1. the applicant is ready, willing and able to properly carry on a\nchemical dependency program;\n 2. the applicant will be able to maintain effective control against\ndiversion of controlled substances;\n 3. it is in the public interest that such certification be granted;\n 4. the applicant is able to comply with all applicable state and\nfederal laws; and\n 5. the applicant will establish procedures to effectively implement a\ndetoxification program to further relieve people with substance use\ndisorder from dependence upon methadone or such other controlled\nsubstances prescribed for treatment in subject maintenance programs.\n (c) Operating certificates shall be valid for up to a five year period\nas shall be expressly provided upon such certificate or renewal thereof.\n (d) The commissioner shall specify on each operating certificate the\nkind or kinds of services authorized, any limitations or conditions of\nthe certificate, and the expiration date of the certificate.\n (e) Notwithstanding the provisions of subdivision (a) of this section,\nthe commissioner shall have the authority to grant temporary approval of\nan operating certificate for a period not to exceed one hundred twenty\ndays, in the event of a threat or imminent threat of a catastrophic or\nemergency loss of available services. Such temporary approval may be\nextended beyond one hundred twenty days as deemed necessary by the\ncommissioner, but not to exceed more than an additional one hundred\ntwenty days.\n (f) The commissioner may disapprove an application for an operating\ncertificate, may authorize fewer services than applied for, and may\nplace limitations and conditions on the operating certificate he or she\ndetermines to be reasonable and necessary, including, but not limited to\ncompliance with a time limited plan of correction of any deficiency\nwhich does not threaten the health or well being of any patient. In such\ncases the applicant shall be given an opportunity to be heard at a\npublic hearing, if requested by the applicant.\n (g) All operating certificates shall remain the property of the office\nand must be returned to the office upon revocation or expiration\nthereof, or upon the demand of the commissioner. Operating certificates\nare not transferable.\n
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