Evening star., 1946-06-20
Hospital Group
Drafts Model
Licensing Law
Expected to Help
D. c. in Correcting
Criticized Conditions
(Last of Series.)
(Last of a Series.)
By HoroId B. Rogers
Stor Stuff Correspondent

Hospital Association Is formulating
= model hospital licensing law which
may help the District of Columbia
In drafting a new act, strongly rec
commended recently to improve
sharply criticized conditions in its
institutions for the sick.
This was learned here today from
DR.. Charles F. Wilinsky of this city,
who is heading up a Nation wide
movement in the hospital associa-
tion to develop a model act for guild
ance of all the States.
The tentative draft will be con-
sidered at a meeting at Chicago
headquarters of the association
next week by committee of which
DR.. Walinsky is chairman. 1t is
known as the Committee on Hospi-
tai Licensure Law of the Council
on Government Relations of the
association. The association main
tains a Washington service bureau
to keep in touch with legislation.
Broader Law Recommended.
Washington needs new law, ac-
cording to the recent metropolitan
health and hospital survey. DR..
Claude w. Munger of New York City,
one of the surveyors, found the
present District law docs not in
clude private nursing homes, private
homes for the aged or independent
clinics" He recommended broaden
ing the present statute formu-
lation of careful sets of standards
and establishment of an inspection
service which would enforce the
whole plan. 1t should be admin
istered by the District Health De-
partment, he suggested.
The model law now being for
mulated, DR.. Wilinsky explained,
will be the result of several years
OF experience by various States and
careful study by the hospital as
sociation and representatives of the
American Public Welfare Associa-
ton.
Briefly it would provide for the
following:
l. Establishment of licensing au-
thority in either the Health Depart
ment or the Public Welfare Depart
ment of State.
2. This agency would have power
to inspect hospitals.
3. 1t would establish standards.
4. 1t would enforce these standards.
Provides Punitive Action.
Enforcement would be in gradual
steps-first by education of the hos
pitals to develop an understanding
of the standards. This would be fol-
lowed u" by suspension of licenses
of hospitals violating standards;
denial OF new licenses to newly
established institutions which fail
to conform, and finally, in ex-
treme cases, "direct action" against
violations.
Direct action would consist of au-
thorization to empower the licensing
authority in each State to institute
injunctions proceedings in the courts
to close up hospital for failure to
conform to proper standards.
To avoid the possibility of the
1lSCl1S1k1S dsC11Sy bCSOlll111k wv d1
bitrary or too dictatorial, however,
the model law probably will provide
for two checks and balances, first
through hospital licensing council
of residents of the State, to be ap-
pointed by the State Board of Health
and second by appeal to the courts
from the licensing agency's decisions
For Guidance of States.
Dr. Wilinsky emphasized the pro-
posed law is only model, and pre-
sented for guidance of the States,
which may wish to enact one of
their own to conform to their par
ticular situations. Massachusetts,
law sets up an advisory committee
on hospitals or sanatoria, to advise
the Department of Public Health
on all matters outlined in the law.
There has been regular surge"
among the States to enact new hos
pital licensing legislation during the
last five years, DR.. Wilinsky re-
ported. Most of these acts carry
penalties of various kinds. The
model law as it now stands has
adopted the general provisions OF
the Indiana statute. This makes
violation of the act "misdemeanor"
upon conviction of which the hos
pital shall be liable to fine of not
more than 500 for the first offense,
not more than $500 for each sub
sequent offense, and each day such
hospital shall operate after a first
conviction shall be considered sub
sequent offense."
DR.. Wilinsky Is a trustee of the
American Hospital Association and
consultant to the associations
council on Government relations.
He is director Of Beth Israel Hos
pital and deputy health commits
sioner Of Boston, secretary treas
urer Of the Boston hospital council.