CHAPTER 259

An Act to amend and reenact §§ 68-222, 68-228, 63-224, and 63-227 of
the Code of Virginia, to amend the Code of Virginia by adding thereto
sections numbered 68-222.1, 68-228.1, 68-228.2, and 63-224.1 through
68-224.4, and to repeal §§ 68-225 and 63-226 of the Code of Virginia,
all providing for the establishment and operation of certain homes,
for the purpose of providing for the licensing of such homes.

[H 585]
Approved March 13, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 63-222, 63-223, 68-224, and 63-227 of the Code of Virginia
be amended, and reenacted and that the Code of Virginia be amended by
adding thereto sections numbered 63-222.1, 68-223.1, 63-223.2, and
63-224.1 through 63-224.4, as follows:

§ 63-222. The following * term, whenever used or referred to in
this article, shall have the following * meaning, unless a different mean-
ing clearly appears from the context:

* “Home for the aged” means any place, establishment, or institution,
public or private, operated or maintained for the maintenance or care of
* four or more aged, infirm, chronically ill or incapacitated persons, except
(1) a facility or portion of a facility licensed by the State Board of Health
or the State Hospital Board and (2) the home or residence of an individual
who cares for or maintains only persons related to him by blood or
marriage.

x

§ 68-222.1. (1) All structures proposed to be used by homes for
the aged to house occupants of such homes shall:

: (a) be substantially constructed and in good repair;

(b) have adequate and safe ventilation;

(c) have adequate and safe heat or heating system;

(d) have adequate natural and safe artificial illumination;

(e) have a kitchen of sufficient capacity and properly equipped to
provide suitable foods to meet the dietary needs of the occupants; and

(f) have adequate bathing and toilet facilities for the comfort and
health of the occupants.

(2) Qualified personnel in sufficient numbers shall be employed in
all homes for the aged.

(3) The applicant shall be financially capable of maintaining the
proposed operation of the home for the aged in compliance with this
article, and the applicant, or the officers and agents of the applicant if it
be an association, partnership or corporation, shall be of good character
and reputation.

§ 68-223. The State Board is * directed to * adopt reasonable *
regulations * governing the construction, maintenance and operation of *
homes for the aged * in conformity with this article, in order to reason-
ably protect the health, safety and welfare of the persons cared for
therein. Such regulations shall contain minimum standards and require-
ments by which the Director is to be guided in his determination as to
ae structures and facilities comply with the provisions set forth in

8-222.1.

§ 68-228.1. (a) Every person who constitutes, or who operates or
maintains, a home for the aged shall obtain an appropriate license, from
the Director, which he shall have renewed annually.

(b) The licenses shall be issued on forms prescribed by the Director.
Any two or more licenses may be issued for concurrent operation of more
than one home for the aged. Each license and renewals thereof shall
expire at the end of one year from the date of its issuance or renewal,
unless sooner revoked or surrendered.

(c) No charge shall be made for the issuance or renewal of a license.

(d) Each license shall stipulate the maximum number of persons
who may be cared for in the home for the aged for which it is issued.
Application may be made at any time to increase this maximum and such
applications shall be treated as though they were original applications
for licenses. The Director may issue a license stipulating a lower mazi-
mum than that requested in the application if the applicant agrees to
such lower maximum in writing.
§ 68-223.2. Upon receipt of the application the Director shall cause
an investigation to be made of the activities, services and facilities of
the applicant, of the applicant’s financial responsibility, and of his char-
acter and reputation or, if the applicant be an association, partnership
or corporation, the character and reputation of its officers and agents.

§ 63-224. (a) Applicants and licensees shall at all times afford the
representatives of the Director reasonable opportunity to inspect all of
their facilities, books and records, and to interview their agents and
employees and any person within their custody or control.

(b) The * Director and his authorized agents shall have the right
to inspect and investigate all * homes for the aged, interview * their
inmates, and have access to * their records of admissions and discharges.

(c) A written report of each investigation made of a licensed home
for the aged shall be filed with the * Director, and shall be available for
inspection at any reasonable time by any person having a bona fide
interest in the operation of such home.

§ 68-224.1. Upon completion of his investigation, the Director shall
issue an appropriate license to the applicant if he determines that the
applicant and his agents and employees comply, and structures proposed
to be used by the applicant and his proposed manner of operation conform,
with the provisions of this article. The Director may issue a provisional
license to any applicant for any period not to exceed six months, if the
applicant is temporarily unable to comply with all of the requirements of
this article. Such provisional license may be renewed, but no person or
agency shall engage in any operation or activity for ‘which a license is
required under any such provisional license and renewals thereof for a
longer period than two successive years.

§ 68-224.2. The Director may revoke or deny the renewal of the
license of any home for the aged which violates any provision of this
article or any rule or regulation issued under any provision of this article.

§ 68-224.8. (a) Any home for the aged to which the Director refuses
to issue or renew a license, or whose license has been revoked, as herein
provided, or which is aggrieved by any action of the Director or his agents,
shall have the right of appeal to any court of record of the county or city
in which the residence or principal office of such home for the aged is
located, provided that notice to institute such an appeal be served upon
the Director within thirty days after the date upon which such home for
the aged receives notice of such refusal or revocation or the date on which
the action of the Director or his agents which is complained of occurred.

(b) The court, or judge thereof in vacation, may hear such an appeal
after ten days’ notice to the Director, which notice shall be given in writing
and served and returned in the manner prescribed by §§ 8-51 and 8-52.
After hearing the evidence the court shall render a decision upholding the
refusal or revocation, or ordering the issuance or reinstatement of the
license or renewal thereof, according to the requirements of justice. In
every such proceeding the Director shall be named defendant. From the
decision of the trial court a petition for a writ of error shall lie in the
Supreme Court of Appeals at the suit of either party.

(c) An appeal, taken as provided in this section, shall operate to
stay any criminal prosecution for operation without a license and to
suspend the operation of any injunction against operation without a
license, pending a final disposition of such appeal.

(d) When issuance or renewal of a license has been refused by the
Director, the applicant shall not thereafter for a period of six months
apply again for such license unless the Director in his sole discretion
believes that there has been such a change in the conditions on account of
which he refused the prior application as to justify considering the new
application.
§ 68-2244. Any court of record, having chancery jurisdiction in the
county or city where the home for the aged 7s located, shall, on motion of
the Director have jurisdiction to enjoin the operation of any home for
the aged operated without a license required by this article.

§ 63-227. * Any person who interferes with any authorized agent
of the * Director in the discharge of his duties under this article, or who
* makes to the Director or any authorized agent of the Director any report
or statement with respect to the operation of any home for the aged which
is known by such person to be false or untrue * or any person who oper-
ates or engages in the conduct of a home for the aged without first obtain-
ing a license as required by this article, or after such license has been
revoked or has expired and not been renewed or who operates or engages
in the conduct of a home for the aged serving more persons than the
maximum stipulated in the license, and each officer and each member of
the governing board of any association or corporation which operates a
home for the aged without obtaining such license or after such revocation
or expiration, or which operates or engages in the conduct of a home for
the aged serving more persons than the maximum stipulated in the license
shall be guilty of a misdemeanor and, upon conviction thereof, be fined not
to exceed one hundred dollars for the first offense, and not to exceed five
hundred dollars for each subsequent offense.

It shall be the duty of the attorney for the Commonwealth of every
county and city to prosecute all violations of this article.

2. §§ 68-225 and 63-226 of the Code of Virginia are repealed.