§ 6 — Licensing and approval of facilities

Section 6. The department shall issue for a term of two years, and may renew for like terms, a license, subject to revocation by it for cause, to any person, other than a licensed hospital, a department, agency, or institution of the federal government, the commonwealth or any political subdivision thereof, deemed by it to be responsible and suitable to establish and maintain a facility and to meet applicable licensure standards and requirements. In the case of a department, agency or institution of the commonwealth or any political subdivision thereof, the department shall grant approval to establish and maintain a facility for a term of two years, and may renew such approval for like terms, subject to revocation by it for cause.The department shall promulgate rules and regulations establishing requirements and standards for licensing and approval of facilities. Such requirements and standards shall include, but shall not be limited to:—(1) the need for the facility in the community;(2) the health standards to be met by the facility;(3) misrepresentation as to the treatment afforded patients at a facility;(4) licensing fees, application and revocation procedures, and the procedures for evaluation of treatment programs.The department may establish different requirements and standards for different kinds of facilities, and may impose stricter requirements and standards in contracts with facilities and services made pursuant to section five.Each facility shall be individually licensed or approved.Each facility shall file with the department from time to time, such data, statistics, schedules or information as the department may reasonably require for the purposes of this section, and any licensee or other person operating a private facility who fails to furnish any such data, statistics, schedules or information as required, or who files fraudulent returns thereof, shall be punished by a fine of not more than five hundred dollars.The department, after holding a hearing in accordance with chapter thirty A, may refuse to grant, suspend, revoke, limit or restrict the applicability of or refuse to renew any license or approval for any failure to meet the requirements of its rules and regulations or standards concerning such facilities.No person, excepting a licensed hospital, a department, agency or institution of the federal government, the commonwealth or any political subdivision thereof, shall operate a facility without a license and no department, agency or institution of the commonwealth or any political subdivision thereof shall operate a facility without approval from the department pursuant to this section. The superior court shall have jurisdiction in equity to restrain any violation of the provisions of this section and to take such other action as equity and justice may require to enforce its provisions. Whoever knowingly establishes or maintains a private facility without a license granted pursuant to this section shall, for a first offense, be punished by a fine of not more than five hundred dollars and for each subsequent offense by a fine of not more than one thousand dollars or by imprisonment for not more than two years, or both.Each facility shall be subject to visitation and inspection by the department and the department shall inspect each facility prior to granting or renewing a license or approval. The department may examine the books and accounts of any facility if it deems such examination necessary for the purpose of the section. The department is hereby authorized to make a complaint to a district court, to a justice of any court of record or to a magistrate authorized to issue warrants, who may thereupon issue a warrant to any officers or employees or the department authorizing them to enter and inspect at reasonable times, and to examine the books and accounts of any private facility refusing to consent to such inspection or examination by the department which the department has reason to believe is operating in violation of the provisions of this chapter. Refusal by the operator or owner to allow such entry and inspection pursuant to such a warrant shall for a first offense be punishable by a fine of not more than one hundred dollars and for each subsequent offense by a fine of not more than one thousand dollars or by imprisonment for not more than two years, or both.The director may require facilities or services which contract with the commonwealth, pursuant to clause (1) of section five, to admit as an inpatient or outpatient any person to be afforded treatment pursuant to this chapter.The department shall promulgate rules and regulations governing the extent to which the circumstances in which facilities and services may be required to treat any person as an inpatient or outpatient pursuant to this chapter, except that no licensed hospital with an emergency service shall refuse any person treatment for intoxication or alcoholism unless the person's need for treatment is not immediate and the hospital has at the time exceeded its reasonable treatment capacity for intoxication and alcoholism.