This bill aims to establish a regulatory framework for private alternative adolescent residential or outdoor programs in West Virginia by adding a new article to the Code of West Virginia. It defines key terms related to these programs, such as "critical incident," "license," and "program participant," and mandates that all such programs must obtain a license from the Director of the Office of Health Facilities Licensure and Certification. The bill outlines the licensure requirements, including background checks for individuals with direct access to program participants, and sets forth rules for reporting critical incidents, ensuring the health and safety of participants, and maintaining communication with parents or guardians.
Additionally, the bill provides for the suspension and revocation of licenses for non-compliance with the established rules, including penalties for operating without a license. It specifies that violations can result in misdemeanor charges, fines, and potential jail time, with each day of continued violation considered a separate offense. The Inspector General is empowered to propose rules for legislative approval to ensure adequate care and accommodations for program consumers, and to seek injunctive relief against any unlicensed operations that jeopardize the health and safety of participants.
Statutes affected: Introduced Version: 16B-22-1, 16B-22-2, 16B-22-3, 16B-22-4, 16B-22-5, 16B-22-6
Committee Substitute: 16B-22-1, 16B-22-2, 16B-22-3, 16B-22-4, 16B-22-5, 16B-22-6