Section 1248.75 Of Chapter 1.3. Outpatient Settings From California Health And Safety Code >> Division 2. >> Chapter 1.3.
1248.75
. (a) Except as may otherwise be provided in this section,
before the Division of Medical Quality may seek an injunction as
provided under Section 1248.7, the Division of Medical Quality shall
notify the outpatient setting of all deficiencies in its compliance
with this chapter, and any rules and regulations adopted pursuant to
this chapter, and the Division of Medical Quality and the outpatient
setting shall reach an agreement upon a plan of correction that shall
give the outpatient setting reasonable time to correct the
deficiencies. The Division of Medical Quality shall also inform the
outpatient setting that failure to reach an agreement or to correct
deficiencies may lead to corrective action by the Division of Medical
Quality, which may include imposition of fines under Section 1248.8.
If at the end of the allotted time the division and the outpatient
setting have failed to reach an agreement or the outpatient setting
has failed to correct the deficiencies, as revealed by inspection,
the Division of Medical Quality may take corrective action to
include, as appropriate, seeking an injunction under Section 1248.7,
revoking or requesting that the accreditation agency revoke
accreditation, or communicating with any agency that has oversight
authority over the outpatient setting, such as the Department of
Health Services or other appropriate licensing authority, to request
that the agency take corrective action against the outpatient
setting.
(b) For purposes of this section, and at the sole discretion of
the Division of Medical Quality, any notifications, inspections, and
corrective action plans of the Division of Medical Quality relating
to outpatient settings that have been accredited by an accreditation
agency may be performed or coordinated by the accreditation agency
rather than by the Division of Medical Quality.
(c) If the Division of Medical Quality determines that an
outpatient setting poses an immediate and substantial hazard to the
health or safety of the patient, that may not reasonably be corrected
through a plan of correction, the Division of Medical Quality may
immediately institute injunction proceedings pursuant to Section
1248.7.