You are here: California / Health and Safety Code - HSC / ARTICLE 2. Administration [1212. - 1220.] / Section 1218.1.


Section 1218.1. (Added by Stats. 2003, Ch. 602, Sec. 4.)
Cite as: Cal. Health & Safety Code §1218.1.

(a) A primary care clinic that has held a valid, unrevoked, and unsuspended license for at least the immediately preceding five years, with no demonstrated history of repeated or uncorrected violations of this chapter or any regulation adopted under this chapter that pose immediate jeopardy to a patient, as defined in subdivision (d), and that has no pending action to suspend or revoke its license, may file an application under this section to establish a primary care clinic at an additional site, which shall hereafter be referred to as the affiliate clinic. The department, upon receipt of the completed application, shall approve a license for the affiliate clinic, without the necessity of first conducting an initial onsite survey, if all of the following conditions are met:

(1) The existing primary care clinic, which shall hereafter be referred to as the parent clinic, has submitted a completed application for licensure for the affiliate clinic and the associated application fee.

(2) The parent and affiliate clinics’ corporate officers, as specified in Section 5213 of the Corporations Code, are the same.

(3) The parent and affiliate clinics are both owned and operated by the same nonprofit organization with the same board of directors.

(4) The parent clinic has submitted evidence to the department establishing compliance with the minimum construction standards of adequacy and safety of the affiliate clinic’s physical plant pursuant to subdivision (b) of Section 1226.

(b) The department shall issue a license under this section within 30 days of receipt of a completed application. If approved, a license shall be issued within seven days of approval. If the department determines that an applicant does not meet the conditions stated in subdivision (a), it shall identify, in writing and with particularity, the grounds for that determination, and shall instead process the application in accordance with the time specified in Section 1218.

(c) Nothing in this section shall prohibit the department from conducting a licensing inspection at any time after receipt of the completed application.

(d) For purposes of this section, “immediate jeopardy to a patient” means a situation in which the clinic’s noncompliance with one or more requirements of licensure has caused, or is likely to cause, serious injury, harm, impairment, or death to a patient.



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