Current through Register Vol. XLII, No. 1, January 3, 2025
Section 69-17-3 - Licensure3.1. 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.3.2. Initial License.3.2.1. An applicant shall submit a completed application to the Director, on a form prescribed by the Director. A non-refundable fee required by section 3 of this rule shall be submitted with the application.3.2.1.a. Any existing syringe services program, as of the effective date of W. Va. Code § 16-64-1, et seq., which offers or refers for the full array of harm reduction services may continue operation and shall have until January 1, 2022, to come into compliance with the provisions of W. Va. Code §§ 16-64-1, et seq., and this rule and apply for licensure.3.2.1.b. Any existing syringe services program, as of the effective date of W. Va. Code § 16-64-1, et seq., which does not offer or refer for the full array of harm reduction services must cease and desist from offering all syringe services and operating as a syringe services program. These syringe service programs may continue in operation for the sole purpose of referring current participants to other syringe services programs.3.2.1.c. Any new syringe services program shall apply for an initial license not less than 30 days and not more than 60 days before the syringe services program begins operation as part of a harm reduction program.3.2.2. The initial application shall include: 3.2.2.a. The name of the program;3.2.2.b. A description of the harm reduction program the syringe services program is associated with and the full array of harm reduction services being provided in accordance with W. Va. Code § 16-64-3(a);3.2.2.c. Contact information for the program administrator of the harm reduction program;3.2.2.d. Description of the hours of operation, including the specific days the syringe services program is open, opening and closing times, and the frequency of syringe exchange services;3.2.2.e. Description of staffing, including the number of staff, titles of positions, and basic description of each position's functions;3.2.2.f. Location of the syringe services program;3.2.2.g. Specific description of the applicant's ability to refer to or facilitate entry into substance use disorder treatment;3.2.2.h. Specific description of the applicant's ability to encourage usage of medical care and mental health services as well as social welfare and health promotion; and3.2.2.i. Written statement of support from a majority of the members of the county commission and a majority of the members of a governing body of a municipality in which it is located or is proposing to locate.3.2.3. The Director shall issue an initial license only after a review of the application and required policies and procedures is completed which finds the syringe services program complies with those requirements.3.2.4. If the application is incomplete in required information or documentation, the application shall be denied and returned to the applicant.3.2.5. If the applicant fails to comply with the program requirements specified in W. Va. Code § 16-64-3, the application shall be denied and returned to the applicant.3.2.6. If an application is denied, the syringe services program may reapply for an initial license by submitting a new application together with the applicable fee.3.2.7. An initial license for a syringe services program is valid for one year.3.3. Renewal License. 3.3.1. An applicant shall submit a completed application to the Director, on a form prescribed by the Secretary, 60 days prior to the expiration date of the current license. A non-refundable fee required by section 3 of this rule shall be submitted with the application.3.3.2. The Director shall issue a renewal license when it is found after a review of the application and required policies and procedures is completed which finds the syringe services program complies with those requirements.3.3.3. A renewal license for a syringe services program is valid for one year.3.4. License Fees and Inspection Costs. 3.4.1. All applications for an initial or renewal syringe services program license shall be accompanied by a non-refundable license fee. The amounts for the initial and renewal fees are as follows:3.4.1.a. Initial license fee - $250; and3.4.1.b. Renewal license fee - $50.3.5. Denial of License.3.5.1. The Director may deny an application for an initial or renewal license if: 3.5.1.a. The applicant does not submit all information and documentation required in W. Va. Code § 16-64-2;3.5.1.b. The applicant does not comply with the syringe services program requirements;3.5.1.c. The syringe services program will not permit an inspection or survey to proceed or will not permit in a timely manner access to records or information deemed relevant by the Director; or3.5.1.d. The syringe services program has made misrepresentations in obtaining a license.3.5.2. If the Director determines not to issue a license, the Director shall notify the applicant in writing of the denial and the basis for the decision. Following the denial, the syringe services program must follow closure procedures in section 13 of this rule.