Offenses - Clinics - Health & Safety - CA

Section § 1235

In California, if you break the rules under this chapter, you might face a misdemeanor charge. This could mean a fine of up to $1,000, up to 180 days in county jail, or both. However, if you violate Section 1234 specifically, it's considered a less serious infraction and the fine is capped at $100.

(a) Except as provided in subdivision (b), any person who violates any of the provisions of this chapter or who willfully or repeatedly violates any rule or regulation promulgated under this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed 180 days or by both such fine and imprisonment.

(b) Any person who violates the provisions of Section 1234 is guilty of an infraction and shall be punished by a fine of not more than one hundred dollars ($100).

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Section § 1236

This law allows the director to take legal action in a county superior court to stop someone from breaking, or planning to break, Section 1205. The process must follow a certain chapter of the Code of Civil Procedure, but the director doesn’t need to prove that there are no other legal solutions or that real harm is being caused.

The director may bring an action to enjoin the violation or threatened violation of Section 1205 in the superior court in and for the county in which the violation occurred or is about to occur. Any proceeding under the provisions of this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss.

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Section § 1237

This law states that if the director takes legal action against a clinic, this action won't be stopped just because the clinic is sold or its ownership changes, unless the director gives written permission to do so.

Any action brought by the director against a clinic shall not abate by reason of a sale or other transfer of ownership of the facility which is a party to the action, except with express written consent of the director.

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Section § 1238

This law requires district attorneys in every county to start and handle legal actions against any violations of the rules or regulations detailed in this chapter when asked by the state department or its representative.

The district attorney of every county shall, upon application by the state department or its authorized representative, institute and conduct the prosecution of any action for violation within his county of any provision of this chapter or regulations adopted hereunder.

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