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, partnership, corporation, society, association or other agency or entity of any kind, other than a licensed general hospital or 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 set forth in regulations of the department. 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 may issue a provisional license or approval where a facility has not previously operated, or is operating but is temporarily unable to meet applicable standards and requirements. The commissioner shall promulgate rules and regulations establishing licensure and approval standards and requirements, which shall include, but not be limited to: see full law

''Facility'', any public or private place, or portion thereof, which is not part of or located at a penal institution and which is not operated by the federal government, providing services especially designed for the treatment of drug dependent persons or persons in need of immediate assistance due to the use of a dependency related drug. see full law

No person, partnership, corporation, society, association, other agency, or entity of any kind, except a licensed general 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. Upon petition of the department, the superior court shall have jurisdiction in equity to restrain any violation of this section and to take such other action as equity and justice may require to enforce its provisions. see full law

105 CMR 164.000 governs the licensure or approval and operation of every substance use disorder treatment program subject to licensure or approval by the Department. A department, agency or institution of the federal government, the Commonwealth or any political subdivision thereof is exempt from licensure except that a department, agency or institution of the Commonwealth or subdivision thereof is subject to approval by the Department. No person, corporation, trust, authority, governmental agency, political subdivision or any other entity subject to 105 CMR 164.000 shall operate a substance use disorder treatment program or treatment services that do not comply with the requirements of 105 CMR 164.000. The Department may from time to time publish interpretations of 105 CMR 164.000 and guidelines as necessary to promote uniform application of 105 CMR 164.000, and make them available to those licensed and approved by the Department and to the public. see full law