NY Pub Health L § 577 (2021)
2021 New York Laws PBH - Public Health Article 5 - Laboratories Title 5 - Clinical Laboratory and Blood Banking Services 577 - Enforcement.

§ 577. Enforcement. 1. A permit or certificate of qualification may be revoked, suspended, limited or annulled, or the holder thereof censured, reprimanded or otherwise disciplined by the department on proof that the certificate  holder, owner or director, or one or more persons in his or her employ:  (a) has been guilty of misrepresentation in obtaining  the  permit  or certificate  or  in  the  operation  of the clinical laboratory or blood bank, including the submission to the  department  of  proficiency  test results obtained from another clinical laboratory;  (b)  has  knowingly accepted or permitted to be accepted a specimen or assignment for clinical laboratory examination from or rendered a report thereon to a person or persons not authorized  by  law  to  submit  such assignment or specimen or receive such report;  (c)  has  engaged  or  attempted  to  engage or represented himself or herself as entitled to perform any procedure or category  or  procedures or services he or she is not authorized to perform;  (d)  has  rendered  a  report  on  work  actually performed in another clinical laboratory or blood bank without designating the fact that  the examination or procedure was performed in another clinical laboratory or blood bank;  (e)  has  demonstrated  incompetence  or  shown  consistent  errors in performance of examinations or procedures;  (f) has failed to file any report required by the provisions  of  this title or the rules and regulations promulgated thereunder;  (g)  has  violated  or  aided  and  abetted  in  the  violation of any provision of this chapter, including  this  title,  title  six  of  this article,  or  the  rules  and  regulations  promulgated pursuant to this chapter or a violation of title eleven of article  five  of  the  social services law or the rules and regulations promulgated thereunder related to laboratory services; or  (h)  has violated or aided and abetted in the violation of local laws, codes or regulations as specified in subdivision three of  section  five hundred eighty of this title.  (i)  has  been  found  upon  inspection  by  the  department  to be in noncompliance with a provision or provisions of this title or the  rules and  regulations  promulgated  hereunder, and has failed to address such findings as required by the department.   2. Proceedings under this section may  be  initiated  by  any  person, corporation,  association  or  public  officer, or by the department, by filing written charges with the department.   3. No permit or certificate shall be revoked,  suspended,  limited  or annulled  without  a hearing, except as provided in subdivision three of section five hundred seventy-six of this title.  However,  a  permit  or certificate  may be temporarily suspended without a hearing for a period not to exceed thirty days upon  notice  to  the  permit  or  certificate holder  following  a  finding  by the department that the public health, safety or welfare is in imminent danger.   4. The commissioner shall set a time and place for the hearing. A copy of the charges, together with the notice of the time and  place  of  the hearing,  shall  be  mailed  to the permit or certificate holder, at the address specified on the permit at least fifteen days  before  the  date set  for  the  hearing. The permit or certificate holder shall file with the department, not less than five days prior to the hearing, a  written answer to the charges.   5.  Any  person or entity which owns or operates a clinical laboratory and who does not hold a valid laboratory permit shall be liable  to  the people  of  the  state  for  a  civil penalty not to exceed two thousand  dollars for each day for the  unauthorized  operation  of  the  clinical laboratory.