CHAPTER 496

An Act to amend and reenact §§ 37-254, as amended, 37-259 and 37-260 of
the Code of Virginia, relating generally to licensing and regulation
by the State Hospital Board of certain private institutions for the care
of mentally ill persons, alcoholics and drug addicts; and to amend the
Code by adding thereto sections numbered 37-258.1, 37-258.2 and
37-258.8, so as to set forth grounds for revocation or suspension of
licenses; to provide for appeal from such revocation or suspension or
from refusal to grant license; to permit the Board to obtain injunctions
against unlawful operation of such institutions and violations of
regulations; and to increase the penalty for continuation of a violation.

[H 348]
Approved March 31, 1960

Be it enacted by the General Assembly of Virginia:

1. That §§ 37-254, as amended, 37-259 and 37-260 of the Code of Virginia
be amended and reenacted, and that the Code be amended by adding there-
to sections numbered 37-258.1, 37-258.2 and 37-258.3, as follows:

§ 37-254. The State Hospital Board may annually license any suitable
person to establish, *maintain and operate, or to have charge of any
private institution, hospital or home for the care or treatment of mentally-
ill, epileptic or mentally-deficient persons, or persons addicted to the
intemperate use of narcotic drugs, alcohol or other stimulants*.

_ § 87-258.1. (a) The Board 1s authorized to revoke or suspend any
license issued hereunder, on any of the following grounds: (1) Violation
of any provision of this chapter or of any applicable and valid rule or
regulation made pursuant to such provisions; (2) permitting, aiding, or
abetting the commission of any illegal act in such private institution,
hospital or home; (8) conduct or practices detrimental to the welfare of
any patient or inmate in such private institution, hospital or home.
(b) Before any license issued under this chapter 18 80 revoked or sus-
pended, thirty days’ written notice must be given the licensee of the date
set for hearing of the complaint and he must be furnished with a copy of
the complaint and shall be entitled to be represented by legal counsel at the
hearing. The notice shall be given by the Board by registered mail.

(c) If a license is revoked as herein provided, a new application for
license may be considered by the Board if, when, and after the condttions
upon which revocation was based have been corrected and satisfactory
evidence of this fact has been furnished. A new license may then be
granted after proper inspection has been made and all provisions of this
chapter and applicable rules and regulations made thereunder have been
complied with and recommendation to such effect has been made by the
Commissioner upon basis of an inspection by any authorized inspector or
agent of the Board.

(d) Suspension of a license shall in all cases be for an indefinite time
and the suspension may be lifted and rights under the license fully or
partially restored at such time as the Commissioner determines, upon
basis of such an inspection, that the rights of the licensee appear to so
require and the interests of the public will not be jeopardized by resump-
tion of operation.

§ 37-258.2. Any person aggrieved by the refusal of the Board to
issue a license or by its revocation or suspension of a license may, within
thirty days after receipt of notice of such action or within a reasonable
time after its failure to take action upon a completed application for a
license, obtain a review by any court having equity jurisdiction in the
county or city in which such private institution, hospital or home ts or 1s
proposed to be located and a copy of the petition for review shall be filed
with the Board. Within five days after receipt of the copy, the Board
shall transmit to the court all of the original papers pertaining to the
matter to be reviewed, and the matter shall be thereupon heard by the
court or judge in vacation as promptly as circumstances will reasonably
permit. The court may enter such orders pending the proceeding as are
deemed necessary or proper in accordance with the principles of equity
jurisprudence and procedure. The hearing may be upon the record so
transmitted, but the court may hear such additional evidence as it deems
proper, and upon the conclusion of the hearing, the court may affirm,
vacate or modify the order appealed from. Costs may be ordered to be
paid as the court or judge deems proper in accordance with principles of
equity. Any party to the proceeding may appeal from the decision of the
court to the Supreme Court of Appeals, in the same manner as appeals are
taken from courts of equity generally.

§ 37-258.8. In case any such private institution, hospital or home is
being operated in violation of the provisions of this chapter or of any
applicable rules and regulations made under such provisions, the Board,
in addition to other remedies, may institute any appropriate action or
proceedings to prevent such unlawful operation and to restrain, correct or
abate such violation or violations. Such action or proceedings shall be in-
stituted in a court of record having equity jurisdiction in the county or
city where such private institution, hospital or home is located, and such
court shall have jurisdiction to enjoin such unlawful operation or such
violation or violations.

§ 37-259. Nothing in this chapter contained shall be construed to
authorize or require a license of a person to establish, * maintain and
operate, or to have charge of, any private institution, hospital or home
for the care or treatment of persons by the practice of the religious tenets
of any church in the ministration to the sick and suffering by mental or
spiritual means without the use of any drug or material remedy, whether
gratuitously or for compensation, provided the statutes and regulations on
sanitation are complied with.

§ 37-260. Any person violating any provision of this chapter or any
applicable rule and regulation made under such provisions shall be guilty
of a misdemeanor, and upon conviction thereof shall be punished by a fine
of not more than five hundred dollars, and each day, or part thereof, of
continuation of any such violation shall constitute a separate offense.