§ 461. Responsibility for standards. 1. The department shall\npromulgate and may alter or amend regulations effectuating the\nprovisions of this title, including but not limited to establishing\nfiscal, administrative, architectural, safety, nutritional and program\nstandards which apply to all adult care facilities subject to its\ninspection and supervision. Such regulations may be promulgated,\naltered or amended only after consultation with the board of social\nwelfare, department of mental hygiene, health department and office for\nthe aging.\n 2. In addition to those standards established pursuant to regulations\nunder subdivision one hereof, the department of mental hygiene may\npropose any supplementary standards relating to the necessity for and\ncontent of programs designed to protect the health and well-being of\nmentally disabled persons, as defined in the mental hygiene law, which\nshall apply to any facility which cares for a significant number of such\npersons. The promulgation by the department of any regulations adopting\nsuch supplementary standards shall be subject to the approval of the\ndepartment of mental hygiene.\n 3. Nothing contained within this title shall prohibit an operator of\nany adult care facility from exceeding the requirements of this title or\nthe regulations of the department which effectuate the provisions of\nthis title.\n
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