Article 5. Suspension And Revocation of California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 5.
The state department may suspend or revoke any license or
special permit issued under the provisions of this chapter upon any
of the following grounds and in the manner provided in this chapter:
(a) Violation by the licensee or holder of a special permit of any
of the provisions of this chapter or of the rules and regulations
promulgated under this chapter.
(b) Violation by a facility certified as a skilled nursing
facility under Title XVIII of the Social Security Act or as a nursing
facility under Title XIX of the Social Security Act, or as both, of
any federal statutes or regulations applicable to its operation.
(c) Aiding, abetting, or permitting the violation of any provision
of this chapter or of the rules and regulations promulgated under
(d) Conduct inimical to the public health, morals, welfare, or
safety of the people of the State of California in the maintenance
and operation of the premises or services for which a license or
special permit is issued.
(e) The conviction of a licensee, or other person mentioned in
subdivision (b) of Section 1265.1, at any time during licensure, of a
crime as defined in Section 1265.2.
The department may suspend or revoke any license or special
permit issued under the provisions of this chapter if the licensee
or holder of a special permit willfully fails to comply with the
provisions of the regulations contained in Article 6 (commencing with
Section 14190), Chapter 7, Part 3, Division 9, of the Welfare and
Institutions Code and regulations promulgated thereunder.
Proceedings for the suspension, revocation, or denial of
licenses or special permits under this chapter shall be conducted in
accordance with Section 100171. In the event of conflict between this
chapter and Section 100171, Section 100171 shall prevail.
The director may temporarily suspend any license or special
permit prior to any hearing, when in his or her opinion the action is
necessary to protect the public welfare. The director shall notify
the licensee or holder of a special permit of the temporary
suspension and the effective date thereof and at the same time shall
serve the provider with an accusation. Upon receipt of a notice of
defense by the licensee or holder of a special permit, the director
shall within 15 days set the matter for hearing, which shall be held
as soon as possible but not later than 30 days after receipt of the
notice. The temporary suspension shall remain in effect until the
hearing is completed and the director has made a final determination
on the merits. However, the temporary suspension shall be deemed
vacated if the director fails to make a final determination on the
merits within 60 days after the original hearing has been completed.
If the provisions of this chapter or the rules or regulations
promulgated by the director are violated by a licensee or holder of a
special permit which is a group, corporation, or other association,
the director may suspend the license or special permit of such
organization or may suspend the license or special permit as to any
individual person within the organization who is responsible for the
The withdrawal of an application for a license or a special
permit after it has been filed with the state department shall not,
unless the state department consents in writing to such withdrawal,
deprive the state department of its authority to institute or
continue a proceeding against the applicant for the denial of the
license or a special permit upon any ground provided by law or to
enter an order denying the license or special permit upon any such
The suspension, expiration, or forfeiture by operation of law of a
license or a special permit issued by the state department, or its
suspension, forfeiture, or cancellation by order of the state
department or by order of a court of law, or its surrender without
the written consent of the state department, shall not deprive the
state department of its authority to institute or continue a
disciplinary proceeding against the licensee or holder of a special
permit upon any ground provided by law or to enter an order
suspending or revoking the license or special permit or otherwise
taking disciplinary action against the licensee or holder of a
special permit on any such ground.
(a) (1) No person, firm, partnership, association,
corporation, political subdivision of the state, or other
governmental agency within the state shall continue to operate,
conduct, or maintain an existing health facility without having
applied for and obtained a license or a special permit as provided
for in this chapter.
(2) This subdivision shall not apply to a receiver appointed by
the court to temporarily operate a long-term health care facility
pursuant to Article 8 (commencing with Section 1325).
(b) Any license or special permit revoked pursuant to this chapter
may be reinstated pursuant to Section 11522 of the Government Code.
(a) Any licensee or holder of a special permit may, with the
approval of the state department, surrender his or her license or
special permit for suspension or cancellation by the state
department. Any license or special permit suspended or canceled
pursuant to this section may be reinstated by the state department on
receipt of an application showing compliance with the requirements
of Section 1265.
(b) Before approving a downgrade or closure of emergency services
pursuant to subdivision (a), the state department shall receive a
copy of the impact evaluation of the county to determine impacts,
including, but not limited to, an impact evaluation of the downgrade
or closure upon the community, including community access to
emergency care, and how that downgrade or closure will affect
emergency services provided by other entities. Development of the
impact evaluation shall incorporate at least one public hearing. The
county in which the proposed downgrade or closure will occur shall
ensure the completion of the impact evaluation, and shall notify the
state department of results of an impact evaluation within three days
of the completion of that evaluation. The county may designate the
local emergency medical services agency as the appropriate agency to
conduct the impact evaluation. The impact evaluation and hearing
shall be completed within 60 days of the county receiving
notification of intent to downgrade or close emergency services. The
county or designated local emergency medical services agency shall
ensure that all hospital and prehospital health care providers in the
geographic area impacted by the service closure or change are
consulted with, and that local emergency service agencies and
planning or zoning authorities are notified, prior to completing an
impact evaluation as required by this section. This subdivision shall
be implemented on and after the date that the county in which the
proposed downgrade or closure will occur, or its designated local
emergency medical services agency, has developed a policy specifying
the criteria it will consider in conducting an impact evaluation, as
required by subdivision (c).
(c) The Emergency Medical Services Authority shall develop
guidelines for development of impact evaluation policies. On or
before June 30, 1999, each county or its designated local emergency
medical services agency shall develop a policy specifying the
criteria it will consider in conducting an impact evaluation pursuant
to subdivision (b). Each county or its designated local emergency
medical services agency shall submit its impact evaluation policy to
the state department and the Emergency Medical Services Authority
within three days of completion of the policy. The Emergency Medical
Services Authority shall provide technical assistance upon request to
a county or its designated local emergency medical services agency.