(a) Sections 7.09 and 31.04 of the Mental Hygiene Law grant the Commissioner of Mental Health the powers and responsibility to adopt regulations that are necessary and proper to implement matters under his or her jurisdiction and to set standards of quality and adequacy of facilities, equipment, personnel, services, records and programs for the rendition of services for mentally ill individuals pursuant to an operating certificate.

(b) Section 9.40 of the Mental Hygiene Law provides for emergency psychiatric admission to a comprehensive psychiatric emergency program.

(c) In accordance with Mental Hygiene Law section 9.13 voluntary patients may seek admission to a comprehensive psychiatric emergency program. Voluntary treatment means that a person has a mental illness for which care and treatment as a patient in a comprehensive psychiatric emergency program is essential to such person’s welfare and such person understands and consents to the need for such care and treatment.

(d) Section 31.02 of the Mental Hygiene Law prohibits the operation of programs providing services for persons with mental illness unless an operating certificate has been obtained from the appropriate commissioner of an office within the Department of Mental Hygiene.

(e) The Mental Hygiene Law, sections 31.05, 31.07, 31.09, 31.13, 31.19 and 31.27 further authorize the commissioner or his or her representative to examine and inspect such programs to determine their suitability and proper operation. Sections 31.16 and 31.17 authorize the commissioner to suspend, revoke or limit any operating certificate.