SECTIONS 1643-1643.2 - California Statutes

HEALTH AND SAFETY CODE

SECTION 1643-1643.2

1643. The state department may suspend or revoke any license issued
under this chapter for any of the following reasons:
(a) Violation by the licensee of this chapter or any rule or
regulation adopted under this chapter.
(b) Aiding, abetting, or permitting the violation of any provision
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 of the Business and Professions Code).
(c) Proof that the licensee has made false statements in any
material regard on the application for a tissue bank license.
(d) 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 is issued.
(e) Conduct prohibited under Section 367f of the Penal Code and
under Section 274e of Title 42 of the United States Code.
(f) The conviction of a licensee or the person in charge of the
tissue bank of any crime which is substantially related to the
qualifications or duties of the licensee or the person in charge of
the tissue bank or which is substantially related to the functions of
the tissue bank. For purposes of this section, a conviction means a
plea or verdict of guilty or a conviction following a plea of nolo
contendere. An action to revoke or suspend the license 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 sentence, notwithstanding a
subsequent order pursuant to Section 1203.4 of the Penal Code
permitting withdrawal of a plea of guilty and entry of a plea of not
guilty, or setting aside the verdict of guilty, or dismissing the
accusation, information or indictment. The director shall take into
account all competent evidence of rehabilitation furnished by the
licensee or person in charge of the tissue bank.

1643.1. Proceedings for the suspension or revocation of licenses
under this chapter shall be conducted in accordance with Section
100171.

1643.2. The state department may temporarily suspend any license
issued under this chapter prior to any hearing, when it has
determined that the action is necessary to protect the public
welfare. The state department shall notify the licensee of the
temporary suspension and the effective date thereof and at the same
time shall serve the licensee with an accusation. Upon receipt of a
notice of defense by the licensee, 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 such notice. The temporary
suspension shall remain in effect until such time as the hearing is
completed and the state department has made a final determination on
the merits. However, the temporary suspension shall be deemed vacated
if the state department fails to make a final determination on the
merits within 60 days after the original hearing has been completed.