Subchapter B. APPROVAL PROCEDURES
Sec.
711.11. Application for certificate of compliance.
711.12. Full certificate of compliance.
711.13. Provisional certificate of compliance.
711.14. Restrictions on certificate of compliance.
711.15. Right to enter and inspect.
711.16. Notification of deficiencies.
711.17. Refusal or revocation.
711.18. Hearings.
Cross References This section cited in 28 Pa. Code § 711.2 (relating to policy).
§ 711.11. Application for certificate of compliance.
(a) Persons, partnerships, corporations, or other legal entities intending to provide drug and alcohol treatment services shall apply for a certificate of compliance from the Department. Application shall be made using forms and procedures prescribed by the Department.
(b) The certificate shall expire 1 year from the date of issuance. Prior to the expiration of the current certificate, the Department will notify the facility of the date for the annual on-site inspection for renewal of the certificate.
(c) The Department will notify the appropriate SCA of applications for and issuance of a certificate of compliance to a facility or individual within the SCA’s area of responsibility.
§ 711.12. Full certificate of compliance.
(a) A certificate of compliance to operate the facility shall be issued when, after an on-site inspection by an authorized representative of the Department, it has been determined that requirements for the certificate of compliance under this chapter have been met.
(b) A certificate of compliance shall be issued to the owner of a facility and indicate the name of the facility, the address, the date of issuance, and the types of activities the facility is authorized to provide.
(c) The current certificate of compliance shall be displayed in a public and conspicuous place in the facility.
§ 711.13. Provisional certificate of compliance.
(a) The Department will issue a provisional certificate of compliance, valid for a specific time period of no more than 6 months, when the Department finds that a facility:
(1) Has substantially, but not completely, complied with applicable requirements for a certificate of compliance.
(2) Is complying with a course of correction approved by the Department.
(3) Will not adversely alter the health, welfare or safety of the facility’s clients due to existing deficiencies.
(b) Within 15 working days of the receipt of the deficiency report, a facility shall submit a plan to correct deficiencies noted during the site visits.
(c) A provisional certificate of compliance may be renewed no more than three times.
(d) Upon compliance with this part, a regular certificate of compliance shall be issued.
§ 711.14. Restrictions on certificate of compliance.
(a) A certificate of compliance shall apply only to the person, the named facility, the premises designated therein, and the activities noted, and may not be transferable.
(b) Utilizing appropriate Department forms, the holder of a certificate shall notify the Department within 90 days of the occurrence of any of the following conditions:
(1) Change in ownership.
(2) Change in name of the facility.
(3) Change in location of the facility.
(4) Change in activity.
(5) Change in authorized maximum capacity.
(6) Closing of facility.
(c) Failure to notify the Department under subsection (b) will result in automatic expiration of the certificate of compliance.
§ 711.15. Right to enter and inspect.
(a) For the purpose of determining continuing conformity of the holder of the certificate of compliance to this title, an authorized representative of the Department has a right to enter, visit and inspect a facility licensed/approved or applying for a certificate of compliance under this chapter.
(b) The authorized Department representative shall have full and free access to the records of the facility and its clients.
(c) The authorized Department representative has the right to interview clients as part of the visitation and inspection process.
Cross References This section cited in 28 Pa. Code § 715.3 (relating to approval of narcotic treatment programs).
§ 711.16. Notification of deficiencies.
(a) The authorized Department representative will leave appropriate Department forms with the facility director to address areas of noncompliance with the standards.
(b) The forms shall be completed and submitted to the Division of Licensing within 15 working days after the site visit.
(c) No license may be issued until a plan of action has been approved by the Department.
§ 711.17. Refusal or revocation.
(a) The Department may revoke or refuse to issue a certificate of compliance for any of the following reasons:
(1) Failure to comply with a directive issued by the Department.
(2) Violation of, or noncompliance with, this chapter.
(3) Failure to comply with a plan of correction approved by the Department, unless the Department approves an extension or modification of the plan of correction.
(4) Gross incompetence, negligence, or misconduct in the operation of the facility.
(5) Fraud, deceit, misrepresentation, or bribery in obtaining or attempting to obtain a certificate of compliance.
(6) Lending, borrowing, or using the certificate of compliance of another facility.
(7) Knowingly aiding or abetting the improper granting of a certificate of compliance.
(8) Mistreating or abusing individuals cared for or treated by the facility.
(9) Continued noncompliance in disregard of this part.
(10) Operating a facility that by nature of its physical condition endangers the health and safety of the public.
(b) If the Department proposes to revoke or refuse to issue a certificate of compliance, it will give written notice to the facility by certified mail, stating the following:
(1) The reasons for the proposed action.
(2) The specific time period for the facility to correct deficiencies.
(c) If the facility does not correct the deficiencies within the specified time, the Department will officially notify the holder of the certificate of compliance that it must show cause why its certificate of compliance should not be revoked under 1 Pa. Code § 35.14 (relating to orders to show cause), and that it has a right to a hearing authorized by the Department on this question. A request to the Department for a hearing shall be filed, in writing, within 30 days of receipt of the show cause order.
(d) Subsection (c) supplements 1 Pa. Code § 35.14.
Cross References This section cited in 28 Pa. Code § 715.14 (relating to denial, revocation or suspension of approval).
§ 711.18. Hearings.
(a) The Department will convene and conduct a show cause hearing for a facility in accordance with 1 Pa. Code § 35.37 (relating to answers to orders to show cause) and this chapter.
(b) An administrative hearing held under this section shall be conducted under 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).
(c) The Department may institute appropriate legal proceedings to enforce compliance with this chapter.
(d) This section supplements 1 Pa. Code Part II.
Cross References This section cited in 28 Pa. Code § 715.14 (relating to denial, revocation or suspension of approval).
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