New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter II - Administrative Rules and Regulations
Subchapter G - Aids Testing, Communicable Diseases and Poisoning
Part 68 - Poison Control Network
Section 68.4 - Revocation of designation as a regional poison control center
Current through Register Vol. 46, No. 39, September 25, 2024
(a) If a facility designated by the commissioner as a regional poison control center is determined by the department to be out of compliance with the standards set forth in this Part and such center remains out of compliance after follow-up review of any plan of correction approved by the department, the commissioner may revoke the designation of the facility as a regional poison control center.
(b) The facility shall be notified by the department in writing when revocation of the designation is proposed.
(c) Within 15 days of the receipt of the notice of proposed revocation, a facility wishing to contest the proposed revocation shall submit to the department written documentation demonstrating that the department's determination of noncompliance with standards is in fact erroneous or that extraordinary conditions have existed which have made compliance not feasible or not in the best interests of the population of the region.
(d) The facility shall be advised in writing of the department's decision on the proposed revocation. The facility may appeal a decision revoking its designation by submitting to the commissioner a written request for a hearing, within 15 days of receipt to the department's decision on the proposed revocation.
(e) If the commissioner does not receive a request for a hearing as provided herein, the facility shall be advised in writing that its designation is revoked.
(f) If the commissioner receives a written request for a hearing within the 15- day period established herein, a hearing shall be held in accordance with the provisions of Part 51 of this Title. Issues at the hearing shall be limited to the findings of the original onsite review, the center's plan for corrective action, if any, follow-up onsite reviews and any additional information pertinent to center compliance presented by either party to the action.
