§ 577 — Enforcement

§ 577. Enforcement. 1. A permit or certificate of qualification may be\nrevoked, suspended, limited or annulled, or the holder thereof censured,\nreprimanded or otherwise disciplined by the department on proof that the\ncertificate holder, owner or director, or one or more persons in his or\nher employ:\n (a) has been guilty of misrepresentation in obtaining the permit or\ncertificate or in the operation of the clinical laboratory or blood\nbank, including the submission to the department of proficiency test\nresults obtained from another clinical laboratory;\n (b) has knowingly accepted or permitted to be accepted a specimen or\nassignment for clinical laboratory examination from or rendered a report\nthereon to a person or persons not authorized by law to submit such\nassignment or specimen or receive such report;\n (c) has engaged or attempted to engage or represented himself or\nherself as entitled to perform any procedure or category or procedures\nor services he or she is not authorized to perform;\n (d) has rendered a report on work actually performed in another\nclinical laboratory or blood bank without designating the fact that the\nexamination or procedure was performed in another clinical laboratory or\nblood bank;\n (e) has demonstrated incompetence or shown consistent errors in\nperformance of examinations or procedures;\n (f) has failed to file any report required by the provisions of this\ntitle or the rules and regulations promulgated thereunder;\n (g) has violated or aided and abetted in the violation of any\nprovision of this chapter, including this title, title six of this\narticle, or the rules and regulations promulgated pursuant to this\nchapter or a violation of title eleven of article five of the social\nservices law or the rules and regulations promulgated thereunder related\nto laboratory services; or\n (h) has violated or aided and abetted in the violation of local laws,\ncodes or regulations as specified in subdivision three of section five\nhundred eighty of this title.\n (i) has been found upon inspection by the department to be in\nnoncompliance with a provision or provisions of this title or the rules\nand regulations promulgated hereunder, and has failed to address such\nfindings as required by the department.\n 2. Proceedings under this section may be initiated by any person,\ncorporation, association or public officer, or by the department, by\nfiling written charges with the department.\n 3. No permit or certificate shall be revoked, suspended, limited or\nannulled without a hearing, except as provided in subdivision three of\nsection five hundred seventy-six of this title. However, a permit or\ncertificate may be temporarily suspended without a hearing for a period\nnot to exceed thirty days upon notice to the permit or certificate\nholder following a finding by the department that the public health,\nsafety or welfare is in imminent danger.\n 4. The commissioner shall set a time and place for the hearing. A copy\nof the charges, together with the notice of the time and place of the\nhearing, shall be mailed to the permit or certificate holder, at the\naddress specified on the permit at least fifteen days before the date\nset for the hearing. The permit or certificate holder shall file with\nthe department, not less than five days prior to the hearing, a written\nanswer to the charges.\n 5. Any person or entity which owns or operates a clinical laboratory\nand who does not hold a valid laboratory permit shall be liable to the\npeople of the state for a civil penalty not to exceed two thousand\ndollars for each day for the unauthorized operation of the clinical\nlaboratory.\n