2007 California Health and Safety Code Article 2. Narcotic Treatment Program Body Fluids Testing

CA Codes (hsc:11839.23-11839.34)

11839.23.  The State Department of Health Services shall adopt and
publish rules and regulations to be used in approving and governing
the operation of laboratories engaging in the performance of tests
referred to in Section 11839.24, including, but not limited to, the
qualifications of the laboratory employees who perform the tests,
which qualifications the department determines are reasonably
necessary to ensure the competence of the laboratories and employees
to prepare, analyze, and report the results of the tests.



11839.24.  Substance abuse testing for narcotic treatment programs
operating in the state shall be performed only by a laboratory
approved and licensed by the State Department of Health Services for
the performance of those tests.


11839.25.  Each laboratory in this state that performs the test
referred to in Section 11839.24 shall be licensed by the State
Director of Health Services.  The laboratory, other than a laboratory
operated by the state, county, city, city and county, or other
public agency, or a clinical laboratory licensed pursuant to
subdivision (f) of Section 1300 of the Business and Professions Code,
shall, upon application for licensing, pay a fee to the State
Department of Health Services in an amount to be determined by that
department, which fee will reimburse the department for the costs
incurred by the department in the issuance and renewal of the
licenses.  On or before July 1 of each year thereafter, the
laboratory shall pay to the State Department of Health Services a
fee, determined by the department, for the renewal of its license.



11839.26.  The State Department of Health Services shall enforce
this article and the rules and regulations adopted pursuant to this
article by the department.



11839.27.  The State Department of Health Services shall annually
publish a list of approved and licensed laboratories engaging in the
performance of tests referred to in Section 11839.24.



11839.28.  Every laboratory that has been approved and for which a
license has been issued shall be periodically inspected by a duly
authorized representative of the State Department of Health Services.
  Reports of this inspection shall be prepared by the representative
conducting it upon forms prepared and furnished by the State
Department of Health Services and shall be filed with that
department.



11839.29.  Any license issued pursuant to Section 11839.25 may be
suspended or revoked by the State Director of Health Services.  The
State Director of Health Services may refuse to issue a license to
any applicant. Any proceedings under this article shall be conducted
in accordance with Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code, and the State
Director of Health Services shall have the powers and duties granted
therein.



11839.30.  The State Director of Health Services may deny a license
if any of the following apply to the applicant, or any partner,
officer, or director thereof:
   (a) The person fails to meet the qualifications established by the
State Department of Health Services pursuant to this chapter for the
issuance of the license applied for.
   (b) The person was previously the holder of a license issued under
this chapter, which license has been revoked and never reissued or
was suspended and the terms of the suspension have not been
fulfilled.
   (c) The person has committed any act involving dishonesty, fraud,
or deceit, whereby another was injured or whereby the applicant has
benefited.


11839.31.  The State Director of Health Services may suspend,
revoke, or take other disciplinary action against a licensee as
provided in this chapter, if the licensee or any partner, officer, or
director thereof does any of the following:
   (a) Violates any of the regulations promulgated by the State
Department of Health Services pursuant to this article.
   (b) Commits any act of dishonesty, fraud or deceit, whereby
another is injured or whereby the licensee benefited.
   (c) Misrepresents any material fact in obtaining a license.



11839.32.  The State Director of Health Services may take
disciplinary action against any licensee after a hearing as provided
in this article by any of the following:
   (a) Imposing probation upon terms and conditions to be set forth
by the State Director of Health Services.
   (b) Suspending the license.
   (c) Revoking the license.



11839.33.  All accusations against licensees shall be filed within
three years after the act or omission alleged as the ground for
disciplinary action, except that with respect to an accusation
alleging a violation of subdivision (c) of Section 11839.31, the
accusation shall be filed within two years after the discovery by the
State Department of Health Services of the alleged facts
constituting the fraud or misrepresentation prohibited by that
section.


11839.34.  After suspension or revocation of the license upon any of
the grounds set forth in this article, the license shall not be
reinstated or reissued within a period of one year after the
effective date of suspension or revocation.  After one year after the
effective date of the suspension or revocation, the State Department
of Health Services may reinstate the license upon proof of
compliance by the applicant with all provisions of the decision as to
reinstatement.