SECTIONS 1320-1327 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 1320-1327

1320. The department may deny, suspend, or revoke any license or
registration issued under this chapter for any of the following
reasons:
(a) Conduct involving moral turpitude or dishonest reporting of
tests.
(b) Violation by the applicant, licensee, or registrant of this
chapter or any rule or regulation adopted pursuant thereto.
(c) Aiding, abetting, or permitting the violation of this chapter,
the rules or regulations adopted under this chapter or the Medical
Practice Act, Chapter 5 (commencing with Section 2000) of Division 2.
(d) Permitting a licensed trainee to perform tests or procure
specimens unless under the direct and responsible supervision of a
person duly licensed under this chapter or physician and surgeon
other than another licensed trainee.
(e) Violation of any provision of this code governing the practice
of medicine and surgery.
(f) Proof that an applicant, licensee, or registrant has made
false statements in any material regard on the application for a
license, registration, or renewal issued under this chapter.
(g) Conduct inimical to the public health, morals, welfare, or
safety of the people of the State of California in the maintenance or
operation of the premises or services for which a license or
registration is issued under this chapter.
(h) Proof that the applicant or licensee has used any degree, or
certificate, as a means of qualifying for licensure that has been
purchased or procured by barter or by any unlawful means or obtained
from any institution that at the time the degree, certificate, or
title was obtained was not recognized or accredited by the department
of education of the state where the institution is or was located to
give training in the field of study in which the degree,
certificate, or title is claimed.
(i) Violation of any of the prenatal laws or regulations
pertaining thereto in Chapter 2 (commencing with Section 120675) of
Part 3 of Division 105 of the Health and Safety Code and Article 1
(commencing with Section 1125) of Group 4 of Subchapter 1 of Chapter
2 of Part 1 of Title 17 of the California Code of Regulations.
(j) Knowingly accepting an assignment for clinical laboratory
tests or specimens from and the rendering of a report thereon to
persons not authorized by law to submit those specimens or
assignments.
(k) Rendering a report on clinical laboratory work actually
performed in another clinical laboratory without designating clearly
the name and address of the laboratory in which the test was
performed.
(l) Conviction of a felony or of any misdemeanor involving moral
turpitude under the laws of any state or of the United States arising
out of or in connection with the practice of clinical laboratory
technology. The record of conviction or a certified copy thereof
shall be conclusive evidence of that conviction.
(m) Unprofessional conduct.
(n) The use of drugs or alcoholic beverages to the extent or in a
manner as to be dangerous to a person licensed under this chapter, or
any other person to the extent that that use impairs the ability of
the licensee to conduct with safety to the public the practice of
clinical laboratory technology.
(o) Misrepresentation in obtaining a license or registration.
(p) Performance of, or representation of the laboratory as
entitled to perform, a clinical laboratory test or examination or
other procedure that is not within the specialties or subspecialties,
or category of laboratory procedures authorized by the license or
registration.
(q) Refusal of a reasonable request of HCFA, a HCFA agent, the
department, or any employee, agent, or contractor of the department,
for permission to inspect, pursuant to this chapter, the laboratory
and its operations and pertinent records during the hours the
laboratory is in operation.
(r) Failure to comply with reasonable requests of the department
for any information, work, or materials that the department concludes
is necessary to determine the laboratory's continued eligibility for
its license or registration, or its continued compliance with this
chapter or the regulations adopted under this chapter.
(s) Failure to comply with a sanction imposed under Section 1310.
(t) Failure to comply with the disease reporting requirements
adopted pursuant to Section 120130 of the Health and Safety Code.
However, when a laboratory is not able to obtain complete information
for a patient within the reporting timeframes, it shall document
that it made a good faith effort to do so and it shall submit the
report with the available information within the required reporting
timeframes and, in that case, the laboratory shall not be subject to
sanctions for failure to submit complete patient information.

1321. For purposes of this chapter, a conviction means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere. An action to deny, revoke, or suspend the license or
registration may be taken when the time for appeal has elapsed or the
judgment of conviction has been affirmed on appeal or when an order
granting probation is made suspending the imposition of a sentence,
notwithstanding a subsequent order pursuant to Section 1203.4 of the
Penal Code permitting withdrawal of a plea of guilty, or setting
aside a verdict of guilty or dismissing the accusation, information,
or indictment. The director shall take into account all competent
evidence or rehabilitation furnished.

1322. The proceedings under this chapter for the suspension or
revocation of a license or registration shall be conducted in
accordance with Section 100171 of the Health and Safety Code.

1323. The department may temporarily suspend a license or
registration prior to any hearing, when it has determined that the
action is necessary to protect the public welfare. The department
shall notify the licensee or registrant of the temporary suspension
and the effective date thereof and at the same time shall serve the
licensee or registrant with an accusation. Upon receipt of a notice
of defense by the licensee or registrant, the matter shall, within 15
days, be set for hearing. The hearing shall be held as soon as
possible, but not later than 30 days after receipt of that notice.
The temporary suspension shall remain in effect until the time the
hearing is completed and the department has made a final
determination on the merits. However, the temporary suspension shall
be deemed vacated if the department fails to make a final decision
within 60 days after the hearing has been completed.

1324. Except for a person or entity whose license was revoked
automatically under Section 1265, no person or entity who has owned
or operated a clinical laboratory that had its license or
registration revoked may, within two years of the revocation of the
license or registration, own or operate a laboratory for which a
license or registration has been issued under this chapter.

1325. Notwithstanding Sections 1267 and 1322, the license or
registration of a clinical laboratory that has been excluded from
participation under the Medicare program (Title XVIII of the Social
Security Act (42 U.S.C. Sec. 1395 et seq.)), under the Medicaid
Program (Title XIX of the Social Security Act (42 U.S.C. Sec. 1396 et
seq.)), or that had its certificate revoked under CLIA, shall be
automatically suspended by the department for the period the
laboratory is so excluded or has its certificate revoked.

1326. The department may bring an action to enjoin the violation or
threatened violation of this chapter or the regulations adopted
pursuant thereto in the superior court in and for the county in which
the violation occurred or is about to occur. Any proceeding under
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 department 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. With respect to any
action brought pursuant to this action alleging actual violation of
this chapter or the regulations adopted pursuant thereto, the court
shall, if it finds the allegations to be true, issue its order
enjoining the discontinuance of the violation.

1327. The department may enter into agreements with the Secretary
of Health and Human Services for the use of the services or
facilities of the department for carrying out the provisions of CLIA.