---
kind: "section"
citation: "42 C.F.R. § 488.735"
title: "42"
number: "488.735"
heading: "Surveyor qualifications."
url: "https://uscodex.org/cfr/42/488.735"
---

# §488.735. Surveyor qualifications.

- (a) **Minimum qualifications.** Surveys must be conducted by individuals who meet minimum qualifications prescribed by CMS. In addition, before any State or Federal surveyor may serve on an HHA survey team (except as a trainee), he/she must have successfully completed the relevant CMS-sponsored Basic HHA Surveyor Training Course and any associated course prerequisites. All surveyors must follow the principles set forth in [§ 488.24](/cfr/42/488.24.md) through [§ 488.28](/cfr/42/488.28.md) according to CMS policies and procedures for determining compliance with the conditions of participation.
- (b) **Disqualifications.** Any of the following circumstances disqualifies a surveyor from surveying a particular agency:
  - (1) The surveyor currently works for, or, within the past two years, has worked with the HHA to be surveyed as:
    - (i) A direct employee;
    - (ii) An employment agency staff at the agency; or
    - (iii) An officer, consultant, or agent for the agency to be surveyed concerning compliance with conditions of participation specified in or pursuant to sections [1861(o)](/cfr/42/1861.md?p=o) or [1891(a)](/cfr/42/1891.md?p=a) of the Act.
  - (2) **The surveyor has a financial interest or an ownership interest in the HHA to be surveyed.**
  - (3) **The surveyor has a family member who has a relationship with the HHA to be surveyed.**
  - (4) **The surveyor has an immediate family member who is a patient of the HHA to be surveyed.**

## Notes

### Source

Source: 77 FR 67164, Nov. 8, 2012, unless otherwise noted.

### Authority

Authority: 42 U.S.C 1302 and 1395hh.

### Source

Source: 53 FR 22859, June 17, 1988, unless otherwise noted.