11839.9
. (a) The director shall suspend or revoke any license
issued under this article, or deny an application to renew a license
or to modify the terms and conditions of a license, upon any
violation by the licensee of this article or regulations adopted
under this article that presents an imminent danger of death or
severe harm to any participant of the program or a member of the
general public.
(b) The director may suspend or revoke any license issued under
this article, or deny an application to renew a license or to modify
the terms and conditions of a license, upon any of the following
grounds and in the manner provided in this article:
(1) Violation by the licensee of any laws or regulations of the
Substance Abuse and Mental Health Services Administration or the
United States Department of Justice, Drug Enforcement Administration,
that are applicable to narcotic treatment programs.
(2) Any violation that relates to the operation or maintenance of
the program that has an immediate relationship to the physical
health, mental health, or safety of the program participants or
general public.
(3) Aiding, abetting, or permitting the violation of, or any
repeated violation of, any of the provisions set forth in subdivision
(a) or in paragraph (1) or (2).
(4) Conduct in the operation of a narcotic treatment program that
is inimical to the health, welfare, or safety of an individual in, or
receiving services from, the program, the local community, or the
people of the State of California.
(5) The conviction of the licensee or any partner, officer,
director, 10 percent or greater shareholder, or person employed under
the authority of subdivision (c) of Section 2401 of the Business and
Professions Code at any time during licensure, of a crime
substantially related to the qualifications, functions, or duties of,
or relating to, a narcotic treatment program licensee.
(6) The commission by the licensee or any partner, officer,
director, 10 percent or greater shareholder, or person employed under
the authority of subdivision (c) of Section 2401 of the Business and
Professions Code at any time during licensure, of any act involving
fraud, dishonesty, or deceit, with the intent to substantially
benefit himself or herself or another, or substantially to injure
another, and that act is substantially related to the qualifications,
functions, or duties of, or relating to, a narcotic treatment
program licensee.
(7) Diversion of narcotic drugs. A program's failure to maintain a
narcotic drug reconciliation system that accounts for all incoming
and outgoing narcotic drugs, as required by departmental or federal
regulations, shall create a rebuttable presumption that narcotic
drugs are being diverted.
(8) Misrepresentation of any material fact in obtaining the
narcotic treatment program license.
(9) Failure to comply with a department order to cease admitting
patients or to cease providing patients with take-home dosages of
narcotic replacement drugs.
(10) Failure to pay any civil penalty assessed pursuant to
paragraph (3) of subdivision (a) of Section 11839.16 where the
penalty has become final, unless payment arrangements acceptable to
the department have been made.
(11) The suspension or exclusion of the licensee or any partner,
officer, director, 10 percent or greater shareholder, or person
employed under the authority of subdivision (c) of Section 2401 of
the Business and Professions Code from the Medicare, medicaid, or
Medi-Cal programs.
(c) Prior to issuing an order pursuant to this section, the
director shall ensure continuity of patient care by the program's
guarantor or through the transfer of patients to other licensed
programs. The director may issue any needed license or amend any
other license in an effort to ensure that patient care is not
impacted adversely by an order issued pursuant to this section.