West Virginia Code § 16B-6-5

Inspections; right of entry
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The director may employ inspectors to enforce the provisions of this article. These
inspectors shall have the right of entry into any place where services are provided by a
service provider, to determine the number of residents therein, and the adequacy of services
being provided to them. The director may obtain a search warrant to inspect those premises
that the director has reason to believe are being used to provide services. Tehe inspectors
shall have access to all parts of the home and grounds, including, but not limited to, all areas
of all buildings on the grounds of a home, food supplies, resident medicrations, and resident
medical records. Inspectors shall also be permitted to conduct private interviews with all
residents and staff of a home.
If after investigating a complaint, the director determines thtat the complaint is substantiated
and that an immediate and serious threat to a resident's health or safety exists, the director
may petition the circuit court for an injunction, order of abatement or other appropriate
action or proceeding to: (1) Close the home; (2) transfer residents in the home to other
facilities; or (3) appoint temporary management to oversee the operation of the home to
assure the health, safety, welfare, and rights osf the home's residents where there is a need
for temporary management to ensure compliance with the court's order. Any home
aggrieved by a determination or assessment made pursuant to this section shall have the
right to an administrative appeal as gset forth in §16B-4-12 of this code.

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