California Laws: Health and Safety Code Section 1248.35
Section 1248.35
(a) The Division of Medical Quality or an accreditation
agency may, upon reasonable prior notice and presentation of proper
identification, enter and inspect any outpatient setting that is
accredited by an accreditation agency at any reasonable time to
ensure compliance with, or investigate an alleged violation of, any
standard of the accreditation agency or any provision of this
chapter.
(b) If an accreditation agency determines, as a result of its
inspection, that an outpatient setting is not in compliance with the
standards under which it was approved, the accreditation agency may
do any of the following:
(1) Issue a reprimand.
(2) Place the outpatient setting on probation, during which time
the setting shall successfully institute and complete a plan of
correction, approved by the division or the accreditation agency, to
correct the deficiencies.
(3) Suspend or revoke the outpatient setting's certification of
accreditation.
(c) Except as is otherwise provided in this subdivision, before
suspending or revoking a certificate of accreditation under this
chapter, the accreditation agency shall provide the outpatient
setting with notice of any deficiencies and reasonable time to supply
information demonstrating compliance with the standards of the
accreditation agency in compliance with this chapter, as well as the
opportunity for a hearing on the matter upon the request of the
outpatient center. The accreditation agency may immediately suspend
the certificate of accreditation before providing notice and an
opportunity to be heard, but only when failure to take the action may
result in imminent danger to the health of an individual. In such
cases, the accreditation agency shall provide subsequent notice and
an opportunity to be heard.
(d) If the division determines that deficiencies found during an
inspection suggests that the accreditation agency does not comply
with the standards approved by the division, the division may conduct
inspections, as described in this section, of other settings
accredited by the accreditation agency to determine if the agency is
accrediting settings in accordance with Section 1248.15.
Section: 1248.35
