§346-41  Inspection of institutional facilities.  (a)  The director of the department of health, department of human services and the attorney general of the State shall have the right to inspect all institutions and organizations in the State, whether public or private, to which payments are made by the state medical assistance program, directly or indirectly, or on account of the board and maintenance of persons admitted or committed thereto.  The authorized representatives of the director or the attorney general shall have the right of visitation and immediate access for inspection during business hours as often as may be necessary, to those portions of the facilities used or reasonably related to the board, care or treatment of such persons for the purpose of determining the conditions, circumstances and surroundings under which such persons admitted or committed are lodged, boarded, cared for and maintained.

     (b)  Wilful failure to permit authorized visitation or immediate access for inspection as provided by this section is a misdemeanor. [L 1978, c 105, §7; am L 1987, c 339, §4]