Sec. 10.12.03.10. Revocation of License

A. The Secretary, for good cause shown, shall notify the licensee of the Secretary's decision to revoke the facility's license. The revocation shall be stayed if a hearing is requested.

B. The Secretary may revoke a license if the licensee:

(1) Has been convicted of a:

(a) Felony that relates to Medicaid or Medicare; or

(b) Crime involving moral turpitude;

(2) Does not comply with the requirements of this chapter;

(3) Fails to comply with the standards for the operation of a cosmetic surgical facility issued by its accreditation organization; or

(4) Engages in conduct that requires revocation to protect the public health, safety, or welfare.

C. The Secretary shall also consider the following factors when deciding whether to revoke a license:

(1) The number, nature, and seriousness of the violations;

(2) The extent to which the violation or violations are part of an ongoing pattern during the preceding 24 months;

(3) The degree of risk, caused by the violation or violations, to the health, life, or safety of the patients of the facility;

(4) The efforts made by, and the ability of, the licensee to correct the violation or violations in a timely manner; and

(5) Such other factors as justice may require.

D. The Secretary shall notify the licensee in writing of the following:

(1) The effective date of the revocation;

(2) The reason for the revocation;

(3) The regulations with which the licensee has failed to comply that form the basis for the revocation;

(4) That the licensee is entitled to a hearing if requested, and to be represented by counsel;

(5) That the facility shall stop providing services on the effective date of the revocation if the licensee does not request a hearing;

(6) That the revocation shall be stayed if a hearing is requested; and

(7) That the licensee is required to surrender the license to the Department if the revocation is upheld.

E. A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .12 of this chapter.