(a) Acquisition means obtaining real property by purchase, lease, donation, condemnation, inheritance or bequest.

(b) Applicant means a provider or prospective provider of services who submits an application for the commissioner's approval in accordance with this Part.

(c) Criminal history information, criminal background, or criminal history record means a record of pending criminal charges, criminal convictions which are not vacated or reversed, and certificates filed pursuant to subdivision (2) of section 705 of the Correction Law, and which the New York State Division of Criminal Justice Services is authorized to maintain pursuant to subdivision (6) of section 837 of the Executive Law. For purposes of this Part, criminal history information, criminal background, or criminal history record shall also include information from the Federal Bureau of Investigation as a result of a national criminal history record check.

(d) Construction means the erection, building, substantial acquisition, alteration, reconstruction, improvement, extension or modification of a facility, including, equipment, the inspection and supervision thereof, and the studies, surveys, designs, plans, working drawings, specifications, procedures and other actions necessary thereto.

(e) Establishment means planning, developing or organizing by a prospective or existing provider related to services or a facility to be used for providing substance use disorder services.

(f) Facility means any place where substance use disorder services certified by the office are provided.

(g) Governing authority means the overall policy making authority, whether an individual or group, that exercises general direction over the affairs of a provider of services and establishes policies concerning its operation.

(h) Incorporation means the process of forming a corporation, including the filing of a certificate of incorporation under any statute to form a corporation, which shall also include certificates of amendment, merger or consolidation of other certificates filed by the corporation under any statute.

(i) Local governmental unit means a unit of local government or a local agency given authority in accordance with articles 25 and/or 41 of the Mental Hygiene Law and by the local government to be responsible for substance use disorder services.

(j) Operating certificate means a written notice conveying to the public that the commissioner has issued approval for the governing authority to operate authorized services at the location or locations specified thereon.

(k) Project means all information, documents, planning and development activities and all activities relating to establishment, incorporation or construction prior to any operation or change in operation of a facility or service.

(l) Provider of services means an individual, association, partnership, corporation, public or private agency, other than an agency or department of the State, which provides substance use disorder services.

(m) Substance use disorder means the misuse of, dependence on, or addiction to alcohol and/or legal or illegal drugs leading to effects that are detrimental to the individual's physical and mental health, or the welfare of others and shall include alcoholism, alcohol abuse, substance abuse, substance dependence, chemical abuse, and/or chemical dependence.

(n) Substance use disorder services shall mean and include examination, evaluation, diagnosis, care, treatment, or rehabilitation of persons with substance use disorders and their families or significant others.

(o) Specialized service means services defined in Part 824 of this Title requiring an appropriate review and approval of a certification application pursuant to this Part.