---
kind: "section"
citation: "42 U.S.C. § 263a–4"
title: "42"
title_heading: "The Public Health and Welfare"
number: "263a–4"
heading: "Certification revocation and suspension"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/263a-4"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter II — General Powers and Duties"
  - "Part F — Licensing of Biological Products and Clinical Laboratories"
  - "Subpart 2 — clinical laboratories"
---

# §263a–4. Certification revocation and suspension

- (a) **In general—** A certification issued by a [State](/usc/42/201.md?p=f) or an accreditation organization for an [embryo laboratory](/usc/42/263a–7.md?p=2) shall be revoked or suspended if the [State](/usc/42/201.md?p=f) or organization finds, on the basis of inspections and after reasonable notice and opportunity for hearing to the [owner](/usc/42/13641.md?p=4) or operator of the laboratory, that the [owner](/usc/42/13641.md?p=4) or operator or any [employee](/usc/42/300gg–91.md?p=d-5) of the laboratory—
  - (1) has been guilty of misrepresentation in obtaining the certification,
  - (2) has failed to comply with any standards under [section 263a–2 of this title](/usc/42/263a–2.md) applicable to the certification, or
  - (3) has refused a request of the [State](/usc/42/201.md?p=f) or accreditation organization for permission to inspect the laboratory, its operations, and records.
- (b) **Effect—** If the certification of an [embryo laboratory](/usc/42/263a–7.md?p=2) is revoked or suspended, the certification of the laboratory shall continue in effect for 60 days after the laboratory receives notice of the revocation or suspension. If the certification of an [embryo laboratory](/usc/42/263a–7.md?p=2) is revoked or suspended, the laboratory may apply for recertification after one year after the date of the revocation or suspension.

## Source credit

(Pub. L. 102–493, § 5, Oct. 24, 1992, 106 Stat. 3150.)

## Notes

### Editorial Notes

### Codification

Section was enacted as part of the Fertility Clinic Success Rate and Certification Act of 1992, and not as part of the Public Health Service Act which comprises this chapter.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective upon expiration of 2 years after Oct. 24, 1992, see section 9 of Pub. L. 102–493, set out as a note under section 263a–1 of this title.