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

(b) Section 31.02 of the Mental Hygiene Law prohibits any individual, association, corporation or public or private agency from operating a residential facility for the care, treatment, rehabilitation or training of persons with mental illness unless an operating certificate has been obtained from the Commissioner of Mental Health.

(c) Sections 31.05, 31.07, 31.09, 31.11 and 31.19 of the Mental Hygiene Law authorize the commissioner or his or her representative to examine and inspect such facilities to determine their suitability and operation. Sections 31.15 and 31.17 of the Mental Hygiene Law authorize the commissioner to suspend, revoke or limit any operating certificate.

(d) Section 31.25 of the Mental Hygiene Law requires that the Commissioner of Mental Health establish, pursuant to regulation, licensed residential providers of treatment and/or supportive services to individuals with eating disorders.