Pennsylvania Statutes Title 35 P.S. Health and Safety § 5658. Provider violations

(a) Notice of violations.--Whenever the department shall, upon inspection, investigation or complaint, find a violation of this act or regulations adopted by the department under this act or under Federal law, it shall give written notice thereof specifying the violation found to the screening mammography facility.  The notice shall require the screening mammography service provider to take action or to submit a plan of correction which shall bring the screening mammography facility into compliance with applicable law or regulation within a specified time.  The plan of correction must be submitted within ten days of receipt of the written notice.

(b) Appointment of temporary management.--When the screening mammography service provider has failed to bring the facility into compliance within the time specified by the department or when the facility has demonstrated that it is unwilling or unable to achieve compliance, such as would convince a reasonable person that any correction of violations would be unlikely to be maintained, the department may petition the Commonwealth Court or the court of common pleas of the county in which the facility is located to appoint temporary management designated as qualified by the department to assume operation of the facility at the facility's expense to assure the health and safety of the facility patients until improvements are made to bring the facility into compliance with the laws and regulations for licensure or until there is an orderly closure of the facility.  In the alternative, the department may proceed in accordance with the other provisions of this act.