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Title 42 — THE PUBLIC HEALTH AND WELFARECHAPTER 6A—PUBLIC HEALTH SERVICE

§263a–4. Certification revocation and suspension

(a)  In generalA 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)  EffectIf 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.

( Pub. L. 102–493, § 5 , Oct. 24, 1992 , 106 Stat. 3150 .)

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.