New York Behavioral Health & Substance Use Licensing Guide

Substance use

Office of Addiction Services and Supports (OASAS)Operating certificate under Mental Hygiene Law Article 32

Mental health

Office of Mental Health (OMH)Operating certificate under Mental Hygiene Law Article 31

Process rules

14 NYCRR Part 810 (OASAS); Part 551 (OMH)

Doing both

Integrated Outpatient ServicesOne site, one license, one survey

Accreditation

An accreditor’s survey counts as an OASAS inspection activityIt does not replace certification

Who licenses behavioral health programs in New York?

Substance use programs need an operating certificate from OASAS under Mental Hygiene Law Article 32, including residential and outpatient programs and hospital units that offer them.^{1, 2}

Mental health programs are licensed by OMH under Article 31; OMH’s Bureau of Inspection and Certification issues and renews operating certificates.^{3, 4}

Providers doing both can hold two certificates or use Integrated Outpatient Services: one site, one license, one host agency and one survey. To qualify, a provider must already hold licenses from two of OASAS, OMH and the Department of Health.⁵ Crisis stabilization centers are licensed jointly by OMH and OASAS.⁹

Certificate and license types

OASAS certified services

• Part 816: withdrawal and stabilization services
• Part 818: inpatient services
• Part 820: residential services
• Part 822: outpatient services, including opioid treatment programs
• Part 825: integrated outpatient services
• Part 823: children’s services

Designations cover adolescent, telehealth, ancillary withdrawal and problem gambling services, and recovery residences are certified voluntarily under Part 860.^{2, 7}

OMH licensed programs

OMH’s licensed program types include Mental Health Outpatient Treatment and Rehabilitative Services (MHOTRS), partial hospitalization, continuing day treatment, PROS, assertive community treatment, CPEP, intensive and supportive crisis stabilization centers, community residences, crisis residences, inpatient programs and children’s residential treatment facilities.⁶

Law and rules

OASAS certification rests on Mental Hygiene Law Article 32 and 14 NYCRR Part 810; OMH licensing on Article 31 and its Prior Approval Review process in 14 NYCRR Part 551. Mental Hygiene Law § 36.08 covers integrated behavioral health.^{1, 4, 8, 9}

How to apply

OASAS

1. Consult firstTalk with the OASAS regional office and your local governmental unit, and have both sign the prior consultation form.
2. Complete the applicationForm PPD-5, with appendices covering character and competence and fingerprint consent, plus exhibits.
3. File in NYSE-CONThe state’s online application system.
4. ReviewNew providers get a full review with local input, an advisory council recommendation and the Commissioner’s decision; existing providers adding services or sites get an administrative review.
5. Inspection and certificateThe first operating certificate runs up to one year, and programs are inspected at least twice a year, once unannounced.

Sources: OASAS program certification and Part 810.^{2, 8} Staff with regular, substantial unsupervised contact with patients need criminal background checks.¹⁰

OMH

1. Confirm the program needs licensureSome OMH-authorized programs do not.
2. Consult locallyThe local Director of Community Services and the OMH field office set the type of Prior Approval Review.
3. Complete the PAR applicationThe comprehensive PAR (OMH 165) or EZPAR, with addenda, the budget tool and an NFPA 101 life-safety checklist.
4. Submit through MHPDOMH also inspects, unannounced, before renewal.

Sources: OMH licensing and PAR pages.^{3, 9} Neither agency publishes fees or processing times on these pages; OASAS notes about six to eight weeks from certification to a Medicaid number.¹⁰

How accreditation counts in New York

OASAS describes no accreditation requirement or deemed status for certification. It does count a survey by a nationally recognized accreditor as one of its inspection activities, and proposed Part 810 amendments would list accreditation surveys as an inspection type.^{8, 11} Opioid treatment programs need accreditation from a SAMHSA-approved body, such as CARF, The Joint Commission or Social Current (formerly COA), before full SAMHSA certification.¹²

Other approvals you may need

• Medicaid: enrollment follows certification, and OASAS lists an NPI among the steps.¹⁰
• Article 28 facilities: establishing a hospital or diagnostic and treatment center under Public Health Law Article 28 requires Public Health and Health Planning Council approval; confirm with DOH if your clinic falls under Article 28.¹³
• Life safety: OMH requires an NFPA 101 checklist with the application.⁹

Recent and proposed changes

• Part 819 lapsed after February 28, 2026. Legacy residential programs needed certificates under another part, such as Part 820.¹⁴
• Proposed Part 810 amendments (State Register June 17, 2026; comments closed August 16, 2026) would add mergers, ownership transfers, added space and new controlling sponsors to the review lists; lengthen the local review window from 14 to 30 days; require FBI-inclusive criminal history checks before an application is complete; make recertification reviews unannounced; and align OTP medication units with federal rules.¹¹
• A single integrated behavioral health license is authorized by Mental Hygiene Law § 36.08 and becomes effective once rates are approved.¹⁵
• OMH proposals to amend Part 551 (published September 16, 2026, with comments through November 15, 2026) and Part 599 for MHOTRS flexibility (comments closed June 1, 2026).¹⁶

Confirm these with the agency

• Whether the proposed Part 810, 551 and 599 rules have been adopted since they were published.
• Whether you need full or administrative review, and any prior-consultation exemptions.
• Fees, timelines and OMH site and background-check rules.
• Services cannot begin before your certificate’s effective date.⁸
• The sequence of accreditation, SAMHSA, DEA and OASAS approvals for opioid treatment programs.

Sources

1. New York Mental Hygiene Law § 32.05. nysenate.gov
2. NYS OASAS, Program certification. oasas.ny.gov
3. NYS OMH, Licensing. omh.ny.gov
4. New York Mental Hygiene Law § 31.02. nysenate.gov
5. NYS OASAS, Integrated Outpatient Services. oasas.ny.gov
6. NYS OMH, Licensing definitions. omh.ny.gov
7. NYS OASAS, Legal (regulations). oasas.ny.gov
8. NYS OASAS, Provider certification, Part 810. oasas.ny.gov
9. NYS OMH, Prior Approval Review. omh.ny.gov
10. NYS OASAS, New providers. oasas.ny.gov
11. NYS OASAS, Proposed amendments to Part 810. oasas.ny.gov
12. SAMHSA, Opioid treatment program accreditation bodies. samhsa.gov
13. New York Public Health Law § 2801-A. nysenate.gov
14. NYS OASAS, Notice of adoption, Part 819. oasas.ny.gov
15. New York Mental Hygiene Law § 36.08. nysenate.gov
16. NYS OMH, Policy and regulations. omh.ny.gov

This guide summarizes New York statutes, regulations and agency pages as of the date above. It is general information, not legal advice. Requirements change; confirm with OASAS and OMH before you apply.