Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

28 Pa. Code § 709.15. Right to enter and inspect.

§ 709.15. Right to enter and inspect.

 (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.

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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