US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 West Virginia Code » Chapter 16. Public Health » Article 64. Syringe Services Programs

§16-64-1. Definitions

As used in this article, the term: “Administrator” means a person having the authority and responsibility for operation of the syringe services program and serves as the contact for communication with the Director of the Harm Reduction Program. “Applicant” means the entity applying for a license under this article. “Board of Review” means the board […]

§16-64-10. Coordination of Care

(a) A syringe service program shall coordinate with other health care providers in its services to render care to the individuals as set forth in the program requirements. (b) In the event that the syringe services program is closed, the syringe services program shall notify the participant of the closure of the service, prior to […]

§16-64-2. Application for License to Offer a Syringe Services Program

(a) All new and existing syringe services programs shall obtain a license from the Office for Health Facility Licensure and Certification. (b) To be eligible for a license, a syringe services program shall: (1) Submit an application on a form approved and provided by the office director;

§16-64-3. Program Requirements

(a) To be approved for a license, a syringe services program shall be part of a harm reduction program which offers or refers an individual to the following services which shall be documented in the application: (1) HIV, hepatitis, and sexually transmitted diseases screening;

§16-64-5. Administrative Due Process

(a) A syringe services program who disagrees with an administrative decision may, within 30 days after receiving notice of the decision, appeal the decision to the departments board of review. (b) All pertinent provisions of 29A-5-1 et seq. of this code apply to and govern any hearing authorized by this statute. (c) The filing of […]

§16-64-6. Administrative Appeals and Judicial Review

(a) A syringe services program who disagrees with the final administrative decision may, within 30 days after the date the appellant received notice of the decision of the board of review, appeal the decision to the Circuit Court of Kanawha County or in the county where the petitioner resides or does business. (b) The filing […]

§16-64-7. Reporting Requirements; Renewal; Rulemaking

(a) A syringe services program shall renew its license annually on the anniversary date of license approval. (b) A syringe services program shall file an annual report with the director. The report shall include: (1) The total number of persons served;

§16-64-8. Immunity

(a) Notwithstanding any provision of this code to the contrary, an employee, volunteer, or participant of a licensed syringe services program may not be arrested, charged with, or prosecuted for possession of any of the following: (1) Sterile or used syringes, hypodermic syringes, injection supplies obtained from or returned to a program, or other safer […]

§16-64-9. Civil Penalties and Injunctive Relief

(a) The Office of Health Facilities Licensure and Certification may assess an administrative penalty of not less than $500 nor more than $10,000 per violation of this article. (b) The Office of Health Facilities Licensure and Certification may seek injunctive relief to enforce the provisions of this article.