42 U.S.C. § 263a–4: Certification revocation…

Summary

A State or an accreditation organization must revoke or suspend an embryo lab’s certificate after inspecting the lab and giving the owner or operator reasonable notice and a chance for a hearing, if the owner, operator, or any employee lied to get the certificate, did not follow the standards under section 263a–2, or refused to let the State or organization inspect the lab, its operations, or records. If a certificate is revoked or suspended, it still runs for 60 days after the lab gets the notice. The lab may apply for recertification one year after the date of the revocation or suspension.

Title 42, §263a–4

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general

A certification issued by a State or an accreditation organization for an embryo laboratory shall be revoked or suspended if the State or organization finds, on the basis of inspections and after reasonable notice and opportunity for hearing to the owner or operator of the laboratory, that the owner or operator or any employee of the laboratory—

(1)has been guilty of misrepresentation in obtaining the certification,

(2)has failed to comply with any standards under section 263a–2 of this title applicable to the certification, or

(3)has refused a request of the State or accreditation organization for permission to inspect the laboratory, its operations, and records.

(b)Effect

If the certification of an embryo laboratory is revoked or suspended, the certification of the laboratory shall continue in effect for 60 days after the laboratory receives notice of the revocation or suspension. If the certification of an embryo laboratory is revoked or suspended, the laboratory may apply for recertification after one year after the date of the revocation or suspension.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Fertility Clinic Success Rate and Certification Act of 1992, and not as part of the Public Health Service Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective upon expiration of 2 years after Oct. 24, 1992, see section 9 of Pub. L. 102–493, set out as a note under section 263a–1 of this title.

§263a–4 Certification Revocation and Suspension