Section 16.03. Operating certificate required

(a)  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 facility for the care and treatment of
  the mentally retarded or developmentally  disabled  including  a  family
  care home.
    (2)  Operation  of  any  distinct  part of a general hospital or other
  facility  possessing  an  operating  certificate,  pursuant  to  article
  twenty-eight  of the public health law, operated for the primary purpose
  of providing residential or non-residential services  for  the  mentally
  retarded or developmentally disabled.
    (3)  Operation  of  a  facility  established or maintained by a public
  agency,  board,  or  commission,  or  by  a  corporation  or   voluntary
  association for the rendition of out-patient or non-residential services
  for   the  mentally  retarded  or  developmentally  disabled;  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  individual
  practitioner   or   by  a  partnership  of  such  individuals  or  by  a
  professional service  corporation  duly  incorporated  pursuant  to  the
  business corporation law or by a university faculty practice corporation
  duly incorporated pursuant to the not-for-profit corporation law or (ii)
  non-residential  services which are licensed, supervised, or operated by
  another agency of the  state  and  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.
    (b) The commissioner shall enter into a cooperative agreement with the
  commissioner  of  education  with  respect  to  all   issues   regarding
  certification   under  this  article  of  providers  of  non-residential
  services which are chartered or issued a  certificate  of  incorporation
  pursuant to the education law.
    (c) The commissioner shall enter into a cooperative agreement with the
  commissioner   of   health   with   respect   to  all  issues  regarding
  certification under this article of providers of services possessing  an
  operating  certificate  pursuant  to  article twenty-eight of the public
  health law.
    (d) The operation of a facility for which an operating certificate  is
  required  pursuant to this article shall be in accordance with the terms
  of the operating certificate and the regulations of the commissioner.
    (e) Any provider of services who knowingly fails to  comply  with  the
  provisions of this section shall be guilty of a misdemeanor.