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Section 1231 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 1. >> Article 3.
1231
. (a) All clinics shall maintain compliance with the licensing
requirements. These requirements shall not, however, prohibit the use
of alternate concepts, methods, procedures, techniques, space,
equipment, personnel qualifications, or the conducting of pilot
projects, provided these exceptions are carried out with provision
for safe and adequate patient care and with prior written approval of
the department. A written request and substantiating evidence
supporting the request shall be submitted by the applicant or
licensee to the state department. Where a licensee submits a single
program flexibility request and substantiating evidence on behalf of
more than one similarly situated primary care clinic, the department
may approve the program flexibility request as to each of the primary
care clinics identified in the request. The department shall approve
or deny any request within 60 days of submission. This approval
shall be in writing and shall provide for the terms and conditions
under which the exception is granted. A denial shall be in writing
and shall specify the basis therefor.
(b) Substantiating evidence of a shortage of a specific health care professional that is submitted in support of a request for utilization of alternatives to personnel requirements contained in regulations adopted under this chapter may include documentation that the clinic is located in a geographic area that is either deemed under federal law, or designated by the Office of Statewide Health Planning and Development, as a medically underserved area, a health professional shortage area, or as serving, in whole or in part, a medically underserved population.
(c) If after investigation the department determines that a clinic granted a waiver pursuant to this section is operating in a manner contrary to the terms or conditions of the waiver, the director shall immediately revoke the waiver as to that clinic site.
(b) Substantiating evidence of a shortage of a specific health care professional that is submitted in support of a request for utilization of alternatives to personnel requirements contained in regulations adopted under this chapter may include documentation that the clinic is located in a geographic area that is either deemed under federal law, or designated by the Office of Statewide Health Planning and Development, as a medically underserved area, a health professional shortage area, or as serving, in whole or in part, a medically underserved population.
(c) If after investigation the department determines that a clinic granted a waiver pursuant to this section is operating in a manner contrary to the terms or conditions of the waiver, the director shall immediately revoke the waiver as to that clinic site.
