Application Submission for Approval and Provisional Approval

No penal facility shall hold itself out as operating a substance use disorder treatment program without an Approval from the Department. (A) In order to operate a substance use disorder treatment program, a penal facility must: (1) submit a complete application package in a manner prescribed by the Department; and (2) meet the requirements contained within 105 CMR 164.612 through 105 CMR 164.630. (B) Provisional Approval. When the Department finds a first time applicant for Approval, or an applicant for renewal of Approval, has not complied with all applicable requirements and regulations, but is in substantial compliance and has submitted an acceptable plan of correction for bringing the penal facility into full compliance, the Department may issue a provisional approval provided that: (a) The applicant demonstrates to the Department's satisfaction a good faith intent to meet all applicable requirements and regulations; (b) The Department finds the service offered protects the health, safety, and well-being of the penal facility's patients; and (c) The Department finds the applicant evidences the potential for full compliance within a reasonable period of time, not to exceed six months. A provisional approval is valid for a period not to exceed six months and may be renewed once for no more than six months. The Department may issue a provisional approval only when an applicant submits a written plan for full compliance. This written plan shall include specific target dates for achieving full compliance.