Section 431. Licensure  


Latest version.
  • 1.  No place, person, association, corporation,
      institution or agency shall operate a day services program without first
      obtaining a permit issued therefor by the department, or otherwise  than
      in accordance with the terms of such  permit and with the regulations of
      the department.
        2.    The  department  shall  promulgate  regulations  specifying  the
      procedures for obtaining a permit required pursuant to this section  and
      enumerating the documentation needed for such a permit.  The regulations
      shall  also include program standards which the department shall develop
      with the advice of the board of social welfare, the department of mental
      hygiene and the department of education.   An application for  a  permit
      pursuant  to  this  section shall include full information regarding the
      applicant's efforts to secure funding for its day services program.  The
      department shall advise and otherwise assist the applicant in  obtaining
      funds where such funds may be available under the provisions of this and
      any other law.
        3.  The department shall not issue a permit for the operation of a day
      services  program  which  includes  the  provision of care, treatment or
      services requiring licensure or any other form of approval  from  or  by
      another  state  agency  or official, unless such license or approval has
      been  obtained.    There  shall  be  such  cooperative  and  coordinated
      arrangements  between and among the department and the state departments
      of mental hygiene and education and other appropriate state  departments
      and  agencies  as  shall  be  necessary  to assure that applications for
      required  licenses  or  other  forms  of  approval  will  be   processed
      expeditiously.
        4.   Before any permit issued pursuant to this section is suspended or
      revoked, or when an application for such permit is denied, the applicant
      or holder of the permit shall be entitled, pursuant to  the  regulations
      of  the  department,  to  a  hearing before the department.   However, a
      permit may be temporarily suspended or limited without a hearing  for  a
      period not in excess of thirty days upon written notice to the holder of
      the   permit  following  a  finding  that  the  public  health,  or  any
      individual's health, safety or welfare, is in imminent danger.