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 69-17-4 - Inspections and Plans of Correction

4.1. The Director or his or her designee shall conduct unannounced inspections of a syringe services program for cause if the Director has received a complaint about the program or has reason to believe that the program may be operating in violation of federal or state statutes, rules, or regulations.

4.2. Inspections may include interviews with owners and staff; interviews of participants with participant's consent; review of program records; observation of service delivery; review of program documents and policies; and review of any other documents necessary for the determination of compliance with this rule and W. Va. Code §§ 16-64-1, et seq.

4.3. The syringe services program shall ensure immediate access to all participant and program records upon request of the Director or his or her designee. If access is denied, a judge of any court of record in this state having criminal jurisdiction, and upon proper oath or affirmation showing probable cause, may issue administrative or inspection warrants for the purpose of conducting inspections and seizures of property appropriate to the inspections.

4.4. At the time of any onsite investigation activities, the investigator shall notify the syringe services program administrator at the syringe services program of the general reason for the investigation.

4.5. Within 15 working days of the investigation, the Director shall provide to the program administrator at a syringe services program a written report of the results of the investigation. The report shall specify any deficiency found and the statute or rule that forms the basis for each deficiency.

4.6. Within 10 working days after receipt of the inspection report, the program administrator of a syringe services program shall submit to the Director for approval a written plan to correct all deficiencies that are in violation of this rule or statute. The plan of correction shall specify:

4.7. The proposed plan of correction shall be approved, modified, or rejected by the Director in writing.

4.8. The Director shall state the reasons for modification or rejection of any plan of correction.

4.9. The program administrator shall submit a revised plan of correction to the Director within 10 working days of receipt of a rejection by the Director.

4.10. The syringe services program shall immediately correct a violation that severely risks the health or safety of a participant, program staff member, contracted individual, or volunteer.

4.11. The Director shall determine if satisfactory corrections have been made and advise the program administrator of any compliance or continued deficiencies in writing.

4.12. The Director may impose a civil money penalty, suspend, limit, or revoke a license or take such other action as deemed appropriate to address any violations or deficiencies. In the event the Director determines that the continued operation of the syringe services program is a threat to the health, welfare, and safety of its participants, the Director may issue an order immediately closing a syringe services program pursuant to applicable administrative procedures.

4.13. Any person may file a complaint with the Director alleging violation of applicable laws, rules, or policies by a syringe services program. A complaint shall identify the syringe services program by name and state in detail the nature of the complaint.

4.14. If and upon completion of the investigation and approved plan of correction, the Director shall notify the complainant whether the allegations have been substantiated and how to obtain a copy of the report.

4.15. Nothing contained in this section or rule shall be construed to require or permit the public disclosure of confidential medical, social, personal, or financial records of any participant or program, nor any information required to be kept confidential by state or federal law.