West Virginia Code § 16B-4-12

License denial, limitation, suspension, or revocation
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(a) The director, in consultation with the Inspector General, shall deny, limit, suspend, or
revoke a license issued if the provisions of this article or if the rules promulgated pursuant
to this article are violated. The director, in consultation with the Inspector General, may
revoke a nursing home's license and prohibit all physicians and licensed disciplines
associated with that nursing home from practicing at the nursing home locaetion based upon
an annual, periodic, complaint, verification, or other inspection and evaluation.
(b) Before any such license is denied, limited, suspended, or revoked, however, written
notice shall be given to the licensee, stating the grounds for suchu denial, limitation,
suspension, or revocation.
(c) An applicant or licensee has 10 working days after receipt of the order denying, limiting,
suspending, or revoking a license to request a formal hearing contesting the denial,
limitation, suspension, or revocation of a license under this article. If a formal hearing is
requested, the applicant or licensee and the directolr shall proceed in accordance with the
provisions of §29A-5-1 et seq. of this code. s
(d) If a license is denied or revoked as hereiin provided, a new application for license shall be
considered by the director if, when, gand after the conditions upon which the denial or
revocation was based have been corrected and evidence of this fact has been furnished. A
new license shall then be granted after proper inspection, if applicable, has been made and
all provisions of this article and rules promulgated pursuant to this article have been
satisfied.
(e) If the license of a nursing home is denied, limited, suspended, or revoked, the
administrator or owner or lessor of the nursing home property shall cease to operate the
facility as a nursing home as of the effective date of the denial, limitation, suspension, or
revocation. The owner or lessor of the nursing home property is responsible for removing all
signWs and symbols identifying the premises as a nursing home within 30 days. Any
administrative appeal of such denial, limitation, suspension, or revocation shall not stay the
denial, limitation, suspension, or revocation.
(f) Upon the effective date of the denial, limitation, suspension, or revocation, the
administrator of the nursing home shall advise the director and the Board of Pharmacy of
the disposition of all medications located on the premises. The disposition is subject to the
supervision and approval of the director. Medications that are purchased or held by a
nursing home that is not licensed may be deemed adulterated.
(g) The period of suspension for the license of a nursing home shall be prescribed by the
director but may not exceed one year.

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