Section 1248.7 Of Chapter 1.3. Outpatient Settings From California Health And Safety Code >> Division 2. >> Chapter 1.3.
1248.7
. (a) The board shall investigate all complaints concerning a
violation of this chapter. With respect to any complaints relating
to a violation of Section 1248.1, or upon discovery that an
outpatient setting is not in compliance with Section 1248.1, the
board shall investigate and, where appropriate, the board, through or
in conjunction with the local district attorney, shall bring an
action to enjoin the outpatient setting's operation. The board or the
local district attorney may bring an action to enjoin a violation or
threatened violation of any other provision of this chapter 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
Division of Medical Quality 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.
(b) With respect to any and all actions brought pursuant to this
section alleging an actual or threatened violation of any requirement
of this chapter, the court shall, if it finds the allegations to be
true, issue an order enjoining the person or facility from continuing
the violation. For purposes of Section 1248.1, if an outpatient
setting is operating without a certificate of accreditation, this
shall be prima facie evidence that a violation of Section 1248.1 has
occurred and additional proof shall not be necessary to enjoin the
outpatient setting's operation.