Legislation
SECTION 32.05
Operating certificate required
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 32
§ 32.05 Operating certificate required.
(a) Except as provided in subdivision (b) of this section no provider
of services shall engage in any of the following activities without an
operating certificate issued by the commissioner pursuant to this
article:
1. operation of a residential program, including a community residence
for the care, custody, or treatment of persons suffering from chemical
abuse or dependence; provided, however, that giving domestic care and
comfort to a person in the home shall not constitute such an operation;
1-a. operation of a certified recovery residence in accordance with
section 32.05-a of this article for the promotion of sustained recovery
of persons suffering from a substance use disorder;
2. operation of a discrete unit of a hospital or other facility
possessing an operating certificate pursuant to article twenty-eight of
the public health law for the purpose of providing residential or
non-residential chemical dependence services; or
3. operation of a program established or maintained by a provider of
services for the rendition of out-patient or non-residential chemical
dependence services; provided, however, that such operation shall not be
deemed to include (i) professional practice, within the scope of a
professional license or certificate issued by an agency of the state, by
an appropriately licensed individual or by a partnership of such
individuals, or by a professional service corporation duly incorporated
pursuant to the business corporation law wherein all professionals bear
the same professional license, or a university faculty practice
corporation duly incorporated pursuant to the not-for-profit corporation
law, unless more than fifty percent of such practice by either such
corporation consists of the rendering of chemical dependence services;
or (ii) non-residential services which are chartered or issued a
certificate of incorporation pursuant to the education law; or (iii)
pastoral counseling by a clergyman or minister, including those defined
as clergyman or minister by section two of the religious corporations
law; or (iv) services which are exclusively prevention strategies and
approaches as defined in section 1.03 of this chapter.
* (b) (i) Methadone, or such other controlled substance designated by
the commissioner of health as appropriate for such use, may be
administered to a person with substance use disorder, as defined in
section thirty-three hundred two of the public health law, by individual
physicians, groups of physicians and public or private medical
facilities certified pursuant to article twenty-eight or thirty-three of
the public health law as part of a chemical dependence program which has
been issued an operating certificate by the commissioner pursuant to
subdivision (b) of section 32.09 of this article, provided, however,
that such administration must be done in accordance with all applicable
federal and state laws and regulations. Individual physicians or groups
of physicians who have obtained authorization from the federal
government to administer buprenorphine to people with substance use
disorder may do so without obtaining an operating certificate from the
commissioner. (ii) No provision of this article or any other provision
of law shall be construed to require a provider licensed pursuant to
article twenty-eight of the public health law, article thirty-one of
this chapter or a provider certified pursuant to article sixteen of this
chapter to obtain an operating certificate from the office of alcoholism
and substance abuse services if such provider has been authorized to
provide integrated services in accordance with regulations issued by the
commissioner of alcoholism and substance abuse services in consultation
with the commissioner of the department of health, the commissioner of
the office of mental health and the commissioner of the office for
people with developmental disabilities, including regulations issued
pursuant to subdivision seven of section three hundred sixty-five-l of
the social services law or part L of chapter fifty-six of the laws of
two thousand twelve.
* NB Effective until the date that the rates of reimbursement for
integrated behavioral health services are approved and certified by
parties set forth in chapter 60 of 2026 § 8
* (b) (i) Methadone, or such other controlled substance designated by
the commissioner of health as appropriate for such use, may be
administered to a person with substance use disorder, as defined in
section thirty-three hundred two of the public health law, by individual
physicians, groups of physicians and public or private medical
facilities certified pursuant to article twenty-eight or thirty-three of
the public health law as part of a chemical dependence program which has
been issued an operating certificate by the commissioner pursuant to
subdivision (b) of section 32.09 of this article, provided, however,
that such administration must be done in accordance with all applicable
federal and state laws and regulations. Individual physicians or groups
of physicians who have obtained authorization from the federal
government to administer buprenorphine to people with substance use
disorder may do so without obtaining an operating certificate from the
commissioner. (ii) No provision of this article or any other provision
of law shall be construed to: (A) require a provider licensed pursuant
to article twenty-eight of the public health law, article thirty-one of
this title or a provider certified pursuant to article sixteen of this
chapter to obtain an operating certificate from the office of addiction
services and supports if such provider has been authorized to provide
integrated services in accordance with regulations issued by the
commissioner of addiction services and supports in consultation with the
commissioner of the department of health, the commissioner of the office
of mental health and the commissioner of the office for people with
developmental disabilities, including regulations issued pursuant to
subdivision seven of section three hundred sixty-five-l of the social
services law or part L of chapter fifty-six of the laws of two thousand
twelve; or (B) require a provider licensed under section 36.08 of this
title to obtain an operating certificate from the office of addiction
services and supports. Furthermore, no provision of this article or any
other provision of law shall be construed to limit the volume of
addiction services by a program licensed to provide integrated
behavioral health services, as defined in section 36.08 of this title.
* NB Effective on the date that the rates of reimbursement for
integrated behavioral health services are approved and certified by
parties set forth in chapter 60 of 2026 § 8
(c) No individual, partnership, association, corporation, limited
liability company or partnership, public or private agency or any part
thereof shall adopt a corporate name or hold itself out to the public in
a manner which indicates, directly or indirectly, the availability of
treatment, programs, or services for persons suffering from chemical
abuse or dependence unless it has obtained an operating certificate from
the commissioner in accordance with the provisions of this article.
(d) The operation of a program for which an operating certificate is
required shall be in accordance with the terms of the operating
certificate and regulations of the commissioner.
(e) Any individual, partnership, association, corporation, limited
liability company or partnership, public or private agency or any part
thereof who knowingly fails to comply with the provisions of this
section shall be guilty of a misdemeanor as defined in the penal law.
(f) If the commissioner has reason to believe that there is an
individual, partnership, association, corporation, limited liability
company or partnership, public or private agency or any part thereof
which is providing chemical dependence services or which purports to
provide such services and which does not possess a required current
valid operating certificate, he or she shall proceed pursuant to
applicable sections of this chapter including but not limited to
sections 32.13, 32.15, 32.19 and 32.27 of this article.
(a) Except as provided in subdivision (b) of this section no provider
of services shall engage in any of the following activities without an
operating certificate issued by the commissioner pursuant to this
article:
1. operation of a residential program, including a community residence
for the care, custody, or treatment of persons suffering from chemical
abuse or dependence; provided, however, that giving domestic care and
comfort to a person in the home shall not constitute such an operation;
1-a. operation of a certified recovery residence in accordance with
section 32.05-a of this article for the promotion of sustained recovery
of persons suffering from a substance use disorder;
2. operation of a discrete unit of a hospital or other facility
possessing an operating certificate pursuant to article twenty-eight of
the public health law for the purpose of providing residential or
non-residential chemical dependence services; or
3. operation of a program established or maintained by a provider of
services for the rendition of out-patient or non-residential chemical
dependence services; provided, however, that such operation shall not be
deemed to include (i) professional practice, within the scope of a
professional license or certificate issued by an agency of the state, by
an appropriately licensed individual or by a partnership of such
individuals, or by a professional service corporation duly incorporated
pursuant to the business corporation law wherein all professionals bear
the same professional license, or a university faculty practice
corporation duly incorporated pursuant to the not-for-profit corporation
law, unless more than fifty percent of such practice by either such
corporation consists of the rendering of chemical dependence services;
or (ii) non-residential services which are chartered or issued a
certificate of incorporation pursuant to the education law; or (iii)
pastoral counseling by a clergyman or minister, including those defined
as clergyman or minister by section two of the religious corporations
law; or (iv) services which are exclusively prevention strategies and
approaches as defined in section 1.03 of this chapter.
* (b) (i) Methadone, or such other controlled substance designated by
the commissioner of health as appropriate for such use, may be
administered to a person with substance use disorder, as defined in
section thirty-three hundred two of the public health law, by individual
physicians, groups of physicians and public or private medical
facilities certified pursuant to article twenty-eight or thirty-three of
the public health law as part of a chemical dependence program which has
been issued an operating certificate by the commissioner pursuant to
subdivision (b) of section 32.09 of this article, provided, however,
that such administration must be done in accordance with all applicable
federal and state laws and regulations. Individual physicians or groups
of physicians who have obtained authorization from the federal
government to administer buprenorphine to people with substance use
disorder may do so without obtaining an operating certificate from the
commissioner. (ii) No provision of this article or any other provision
of law shall be construed to require a provider licensed pursuant to
article twenty-eight of the public health law, article thirty-one of
this chapter or a provider certified pursuant to article sixteen of this
chapter to obtain an operating certificate from the office of alcoholism
and substance abuse services if such provider has been authorized to
provide integrated services in accordance with regulations issued by the
commissioner of alcoholism and substance abuse services in consultation
with the commissioner of the department of health, the commissioner of
the office of mental health and the commissioner of the office for
people with developmental disabilities, including regulations issued
pursuant to subdivision seven of section three hundred sixty-five-l of
the social services law or part L of chapter fifty-six of the laws of
two thousand twelve.
* NB Effective until the date that the rates of reimbursement for
integrated behavioral health services are approved and certified by
parties set forth in chapter 60 of 2026 § 8
* (b) (i) Methadone, or such other controlled substance designated by
the commissioner of health as appropriate for such use, may be
administered to a person with substance use disorder, as defined in
section thirty-three hundred two of the public health law, by individual
physicians, groups of physicians and public or private medical
facilities certified pursuant to article twenty-eight or thirty-three of
the public health law as part of a chemical dependence program which has
been issued an operating certificate by the commissioner pursuant to
subdivision (b) of section 32.09 of this article, provided, however,
that such administration must be done in accordance with all applicable
federal and state laws and regulations. Individual physicians or groups
of physicians who have obtained authorization from the federal
government to administer buprenorphine to people with substance use
disorder may do so without obtaining an operating certificate from the
commissioner. (ii) No provision of this article or any other provision
of law shall be construed to: (A) require a provider licensed pursuant
to article twenty-eight of the public health law, article thirty-one of
this title or a provider certified pursuant to article sixteen of this
chapter to obtain an operating certificate from the office of addiction
services and supports if such provider has been authorized to provide
integrated services in accordance with regulations issued by the
commissioner of addiction services and supports in consultation with the
commissioner of the department of health, the commissioner of the office
of mental health and the commissioner of the office for people with
developmental disabilities, including regulations issued pursuant to
subdivision seven of section three hundred sixty-five-l of the social
services law or part L of chapter fifty-six of the laws of two thousand
twelve; or (B) require a provider licensed under section 36.08 of this
title to obtain an operating certificate from the office of addiction
services and supports. Furthermore, no provision of this article or any
other provision of law shall be construed to limit the volume of
addiction services by a program licensed to provide integrated
behavioral health services, as defined in section 36.08 of this title.
* NB Effective on the date that the rates of reimbursement for
integrated behavioral health services are approved and certified by
parties set forth in chapter 60 of 2026 § 8
(c) No individual, partnership, association, corporation, limited
liability company or partnership, public or private agency or any part
thereof shall adopt a corporate name or hold itself out to the public in
a manner which indicates, directly or indirectly, the availability of
treatment, programs, or services for persons suffering from chemical
abuse or dependence unless it has obtained an operating certificate from
the commissioner in accordance with the provisions of this article.
(d) The operation of a program for which an operating certificate is
required shall be in accordance with the terms of the operating
certificate and regulations of the commissioner.
(e) Any individual, partnership, association, corporation, limited
liability company or partnership, public or private agency or any part
thereof who knowingly fails to comply with the provisions of this
section shall be guilty of a misdemeanor as defined in the penal law.
(f) If the commissioner has reason to believe that there is an
individual, partnership, association, corporation, limited liability
company or partnership, public or private agency or any part thereof
which is providing chemical dependence services or which purports to
provide such services and which does not possess a required current
valid operating certificate, he or she shall proceed pursuant to
applicable sections of this chapter including but not limited to
sections 32.13, 32.15, 32.19 and 32.27 of this article.