Suspension And Revocation - Clinics - Health & Safety - CA

Section § 1240

This law states that the state department can suspend or revoke a license or special permit for several reasons. These include if someone violates the provisions of this chapter or the related rules, helps or allows these violations, or engages in behavior harmful to public health, welfare, or safety while running the permitted services or premises.

The state department may suspend or revoke any license or special permit issued under the provisions of this chapter upon any of the following grounds and in the manner provided in this chapter:

(a) Violation by the licensee or holder of a special permit of any of the provisions of this chapter or of the rules and regulations promulgated under this chapter.

(b) Aiding, abetting, or permitting the violation of any provision of this chapter or of the rules and regulations promulgated under this chapter.

(c) Conduct inimical to the public health, welfare, or safety of the people of the State of California in the maintenance and operation of the premises or services for which a license or special permit is issued.

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Section § 1241

If someone’s license or special permit needs to be suspended, revoked, or denied, the process will follow specific rules listed in another part of the law called the Government Code. If there’s a disagreement between this chapter and the Government Code, the Government Code will take priority.

Proceedings for the suspension, revocation, or denial of licenses or special permits under this chapter shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the state department shall have all the powers granted by such provisions. In the event of conflict between the provisions of this chapter and such provisions of the Government Code, the provisions of the Government Code shall prevail.

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Section § 1242

This law allows the director to temporarily suspend a license or special permit of a specialty clinic when crucial to protect public welfare. The director must inform the clinic about the suspension and provide the reasons. If the clinic disputes this, they can request a hearing within 30 days. The suspension lasts until the hearing concludes and a decision is made, but it will automatically dissolve if the director doesn't make a final decision within 60 days after the hearing.

If a licensed surgical or dialysis clinic violates regulations, the director can suspend the entire organization’s license or just the individual responsible.

The director may temporarily suspend any license issued to a specialty clinic or special permit prior to any hearing, when in his opinion such action is necessary to protect the public welfare. The director shall notify the licensee or holder of a special permit of the temporary suspension and the effective date thereof, and at the same time shall serve such provider with an accusation. Upon receipt of a notice of defense by the licensee or holder of a special permit, the director shall set the matter for hearing within 30 days after receipt of such notice. The temporary suspension shall remain in effect until such time as the hearing is completed and the director has made a final determination on the merits; provided, however, that the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 60 days after the original hearing has been completed.

If the provisions of this chapter or the rules or regulations promulgated by the director are violated by a licensed surgical clinic or chronic dialysis clinic or holder of a special permit which is a group, corporation, or other association, the director may suspend the license or special permit of such organization or may suspend the license or special permit as to any individual person within such organization who is responsible for such violation.

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Section § 1243

This California law explains that if someone withdraws their application for a license or special permit, it doesn't stop the state department from denying it unless they agree in writing. Also, if a license or permit expires, is surrendered, or is canceled, the department can still take disciplinary action, like suspending or revoking it, based on legal grounds.

The withdrawal of an application for a license or a special permit after it has been filed with the state department, shall not, unless the state department consents in writing to such withdrawal, deprive the state department of its authority to institute or continue a proceeding against the applicant for the denial of the license or special permit upon any ground provided by law, or to enter an order denying the license or special permit upon any such ground.

The suspension, expiration, or forfeiture by operation of law of a license or a special permit issued by the state department, or its suspension, forfeiture or cancellation by order of the state department or by order of a court of law, or its surrender without the written consent of the state department, shall not deprive the department of its authority to institute or continue a disciplinary proceeding against the licensee or holder of a special permit upon any ground provided by law or to enter an order suspending or revoking the license or special permit or otherwise taking disciplinary action against the licensee or holder of a special permit on any such ground.

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Section § 1244

If a license or special permit is revoked under this chapter, it can potentially be reinstated by following the rules laid out in Section 11522 of the Government Code.

Any license or special permit revoked pursuant to this chapter may be reinstated pursuant to the provisions of Section 11522 of the Government Code.

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Section § 1245

If you have a license or special permit, you can ask the state department to pause it for a temporary period, up to 24 months. During this time, the license is suspended, not canceled. You can get it back by applying and passing an inspection to ensure all rules are being followed again.

Any licensee or holder of a special permit may, with the approval of the state department, surrender his license or special permit for suspension by the state department for a temporary period not to exceed 24 consecutive months. Any license or special permit suspended pursuant to this section may be reinstated by the state department on receipt of an application and after an inspection showing full compliance with all applicable licensing requirements.

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