Section 709.15. Right to enter and inspect

Latest version.

(a) An authorized representative of the Department has the right to enter, visit, and inspect a facility licensed or applying for a license 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.

Notation

Notes of Decisions

Warrantless Inspection Authorized

The warrantless inspections, prompted by whistleblower information, made by Health Department employes were legitimate, investigative visits, statutorily authorized by this section. Therefore, owners and employes of the State regulated agency enjoyed no expectation of privacy and no warrant was necessary. Commonwealth v. Clark, 662 A.2d 1084 (Pa. Super. 1995); appeal denied 674 A.2d 1066 (Pa. 1996).

Cross References

This section cited in 28 Pa. Code § 715.3 (relating to approval of narcotic treatment programs).

                    
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