(a) Applications for operating certificates shall be submitted on a form provided by the office which shall specify:

1. (1) identification of the governing body and its legal base;
2. (2) the class of operating certificate for which application is made; and
3. (3) identification of the facilities and programs to be operated.

(b) The applications shall be submitted with all documentary material required by the operating standards for the facilities proposed to be operated in the case of original applications or as required by revisions to documentary materials and written annual evaluations in the case of applications for renewal of operating certificates.

1. (1) For all providers for which an operating certificate from the Office of Mental Health is required, except for family care homes, initial operating certificates will be issued for a period not to exceed three years, as determined by the office. Subsequent operating certificates will be issued for periods of three years except that shorter periods may be prescribed for cause.
2. (2) In accordance with Mental Hygiene Law section 31.03, the operating certificate issued for a family care home shall be valid for two years.

(c)

(d) Operating certificates shall:

1. (1) certify each separate location covered by the operating certificate; and

2. (2) specify the class of the operating certificate and the programs authorized thereby to be operated.

   (e)

3. (1) No application for the renewal of an operating certificate for a psychiatric inpatient unit of a hospital licensed pursuant to article 28 of the Public Health Law and Part 580 of this Title shall be accepted until the applicant hospital is granted approval to admit patients pursuant to section 9.39 of the Mental Hygiene Law, except that the commissioner shall waive this requirement for a period of two years upon his or her determination that:

   1. (i) there is no public need for additional beds for emergency psychiatric admission in the subregional service area. In determining such need, the factors which the commissioner shall consider shall include, but not be limited to:

      1. (a) the current and projected population characteristics of the service area, including the prevalence of mental illness in the population;
      2. (b) the current patterns of utilization of psychiatric services and the service demands of the service area;
      3. (c) the existence and availability of psychiatric resources available in the community; and
      4. (d) acute bed needs of the service area as identified in the acute bed needs methodology set forth in the Office of Mental Health's five-year plan for mental health services required by section 5.07(h) of the Mental Hygiene Law;
   2. (ii) the hospital lacks the physical capacity to reasonably accommodate such emergency admissions without extensive structural changes. For the purpose of this section, extensive structural changes shall consist of any project for which the costs of accommodating emergency admissions will unreasonably increase the approved psychiatric inpatient rate of the hospital;
   3. (iii) the hospital does not and reasonably could not provide the scope of services necessary to assure adequate and appropriate psychiatric care and treatment for patients in emergency situations;

   4. (iv) the hospital has agreed to accept referrals of involuntary psychiatric patients under an emergency admissions system which has been approved by the commissioner. In determining whether such a proposed system should be approved, the commissioner, in consultation with the local governmental unit, shall consider whether such proposal:

      1. (a) defines the specific area to be served;
      2. (b) provides for sufficient beds for emergency psychiatric admissions to meet the public needs identified for the subregional service area pursuant to subparagraph (i) of this paragraph;
      3. (c) describes the manner in which the patterns of admission in the service area will be altered; and

      4. (d) projects the number of admissions that will occur at the hospitals covered under the proposal.

         The commissioner shall also consider the way in which the proposed system would affect the availability of emergency psychiatric services in other service areas, and the ability of such areas to provide for sufficient beds for emergency psychiatric admissions to meet the projected public needs.

4. (2) No hospital without an onsite emergency room shall be required to accept patients in need of emergency observation, care and treatment. No application for the renewal of an operating certificate for psychiatric inpatient units of such hospitals shall be accepted until the hospital has agreed to accept referrals of involuntary psychiatric patients under an emergency admission system which has been approved by the commissioner, except the commissioner may waive this requirement for a period of two years pursuant to paragraph (1) of this subdivision.
5. (3) Nothing in this Part shall prevent the commissioner from requiring a hospital to admit patients under section 9.39 of the Mental Hygiene Law on an emergency basis if the health or welfare of the public so requires. The commissioner shall specify in writing the nature and reasons for such determination.
6. (4) Prior to granting a waiver to a hospital, the commissioner shall consider the comments of the director of the local governmental unit of the specific subregional service area. The commissioner shall forward a copy of the waiver request to the director of the local governmental unit, who shall have 30 days within which to respond.