West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-17 - Syringe Services Program Licensure › Section 69-17-3 - Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General
				Licensure Provisions.
3.1.1. No person,
				partnership, association, or corporation may operate a syringe services program
				in the state of West Virginia without first obtaining a license.
3.1.2. A license is valid only for the
				location and persons named and described in the application. Mobile site
				applications shall list all places the mobile site locates itself.
3.1.3. Each syringe services program shall be
				licensed separately, regardless of whether the program is operated under the
				same business name or management as another syringe services program.
3.1.3.a. Each fixed site location shall be
				licensed separately.
3.1.3.b. Each
				mobile site shall be licensed separately. Each mobile site may encompass
				multiple places within the program's service area.
3.1.4. A license is not transferable or
				assignable.
3.1.5. If the ownership
				of a syringe services program changes, the new owner shall notify the Secretary
				within 10 days and immediately apply for a new license. The new owner's
				application for a license has the effect of a valid license for three months
				from the date the application is received by the Director.
3.1.6. The syringe services program shall
				notify the Director in writing 30 days prior to a change in the name or
				location of the program and submit an application form for a license
				amendment.
3.1.7. In the event a
				public health emergency or emergency community need is identified by a
				currently licensed syringe services program, the program shall immediately
				contact the Office of Health Facility Licensure and Certification. The Office
				of Health Facility Licensure and Certification shall develop a policy for such
				emergency situations. This process shall not be used in lieu of licensing each
				location separately and is not a substitute for a syringe services program
				creating an emergency plan as described in subsection 5.3.
3.1.8. A licensure survey may be conducted
				periodically during the course of the annual licensing term.
3.1.9. The Director or his or her designee
				may enter the premises of any practice, office, or facility if the Director has
				reasonable belief that it is being operated and maintained as a syringe
				services program without a license.
3.1.10. If the owner or operator, or program
				administrator of a licensed syringe services program or of any other unlicensed
				practice, office, or facility which the Director has reasonable belief that it
				is being operated as a syringe services program refuses entry pursuant to this
				rule, the Director shall petition the Circuit Court of Kanawha County for an
				inspection warrant.
3.1.11. If the
				Director finds on the basis of an inspection that any person, partnership,
				association, or corporation is operating as a syringe services program without
				a license, the syringe services program shall apply for a license within 14
				days.
3.1.12. A syringe services
				program that fails to apply for a license is subject to the penalties
				established by sections 13 and 14 of this rule.
3.1.13. A syringe services program shall
				surrender an expired, revoked, or otherwise invalid license to the Director
				upon written demand.