W. Va. Code R. § 69-17-13

Current through Register Vol. XLII, No. 1, January 3, 2025

Section 69-17-13 - License Suspension or Revocation

13.1. Grounds for Suspension or Revocation.

13.1.1. The Director may suspend or revoke a syringe services program license issue pursuant to this rule if any provisions of federal or state law or this rule are violated based upon the findings and results of any periodic, complaint, or other inspection and evaluation. Any period of suspension for the license of a syringe services program shall be prescribed by the Director but may not exceed one year.

13.1.2. The Director may suspend or revoke a syringe services program license for one or more of the following reasons:

13.1.2.a. The Director makes a determination that fraud or other illegal action has been committed by any owner or administrator of the syringe services program;

13.1.2.b. The syringe services program has violated federal, state, or local law relating to licensure, building, health, fire protection, safety, sanitation, or zoning;

13.1.2.c. The written statement of support from a majority of the members of the county commission or a majority of the members of a governing body of a municipality in which a syringe services program is located has been rescinded;

13.1.2.d. The syringe services program has failed or refused to submit reports or make records available as requested by the Director;

13.1.2.e. A syringe services program has refused to provide access to its location or records as requested by the Director;

13.1.2.f. A syringe services program's administrator has knowingly and intentionally misrepresented actions taken to correct a violation;

13.1.2.g. An owner or program administrator of a syringe services program concurrently operates an unlicensed syringe services program;

13.1.2.h. An owner of a syringe services program knowingly operates, owns, or manages an unlicensed syringe services program that is required to be licensed;

13.1.2.i. The owners of a syringe services program fail to apply for a new license for the program upon a change of ownership and operate the program under the new ownership; or

13.1.2.j. An owner or administrator acquires or attempts to acquire a license for a syringe services program through misrepresentation or fraud or procures or attempts to procure a license for a syringe services program for any other person by making or causing to be made any false representation.

13.2. Effect of Denial, Suspension, or Revocation.

13.2.1. If a license for a syringe services program has been denied, suspended, or revoked, the Director may stay the effective date of the denial, revocation, or suspension if the program administrator or owner of the syringe services program can show that the stay is necessary to ensure appropriate referral of participants.

13.2.2. If the license of a syringe services program is denied, suspended, or revoked, no person, firm, association, or corporation may operate the program as a syringe services program as of the effective date of the denial, suspension, or revocation. The owner of the syringe services program is responsible for removing all signs and symbols identifying the premises as a syringe services program within 30 days of the date of the denial, suspension, or revocation.

13.2.3. If a license for a syringe services program has been denied, suspended, or revoked the syringe services program must supply, at a minimum, a copy of the following information to the Director;

13.2.3.a. A closure notice to be posted and given to all participants prior to closure;

13.2.3.b. The date the closure notice will be posted;

13.2.3.c. The number of active participants; and

13.2.3.d. Contact information the syringe services program has supplied to participants who may need help locating new services.

13.2.4. Upon the effective date of the denial, suspension, or revocation, the program administrator of the syringe services program shall advise the Director of the disposition of any sterile and non-sterile syringes and injection equipment located on the premises.

13.2.5. If a syringe services program license is denied or revoked, a new application for licensure shall be considered by the Director, if, when, and after the conditions upon which denial or revocation was based have been corrected and evidence of this fact has been furnished. A new license may then be granted after proper inspection has been made and the Director makes a written finding that all provisions of W. Va. Code §§ 16-64-1, et seq., and this rule have been satisfied.

W. Va. Code R. § 69-17-13