Section 164.007 - Application Requirements for Licensure or ApprovalNo person or entity may operate a separate identifiable substance use disorder treatment program or hold themselves out or advertise as operating as a substance use disorder treatment program without a License or Approval from the Department.
Whoever knowingly operates such a program without obtaining a License or Approval may be subject to penalties up to a fine of $500.00 for the first offense and up to $1,000.00 for each subsequent offense or by imprisonment for not more than two years or both.
(A) Applications for licensure or approval shall be made in a form prescribed by the Department and include all supporting documents required by 105 CMR 164.000.(B) An application for an original License or Approval shall not be approved until an applicant has been deemed suitable by the Department.(C) An application for an original License or Approval shall include a sworn statement of the names and addresses of any person with an ownership or control interest in the facility or in the real property upon which the facility is located. For the purposes of 105 CMR 164.000, "person with an ownership or control interest" shall mean a person who: (1) has a direct or indirect ownership interest of 5% or more in the facility or the organization that holds the license;(2) is the owner of a whole or part interest in any mortgage, deed of trust, note, or other obligation secured (in whole or in part) by the facility or any of the property or assets thereof, which whole or part interest is equal to or exceeds 5% of the total property and assets of the facility or organization that holds the license;(3) is an officer or director of a corporate licensee;(4) is a partner of a licensee organized as a partnership; or(5) is the Trustee of a Trust.Amended by Mass Register Issue 1305, eff. 1/29/2016.Amended by Mass Register Issue 1482, eff. 11/11/2022.