Chapter 11 of Title 37 (§§ 37-254 through 37-260) of the Code of Virginia authorizes the State Hospital Board to license suitable persons to establish or maintain and operate, or have charge of, private homes or hospitals 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. This chapter subjects all such licensed institutions to the supervision and control of the Board, and to inspection by inspectors or agents of the Board, and authorizes the Board to adopt and enforce reasonable rules and regulations concerning these institutions. Such an institution must be operated under the direct personal supervision of a duly licensed person. Violations of the chapter are misdemeanors; the maximum punishment is a fine of not more than $500.

However, this chapter does not prescribe the requirements, which must be met by such private homes or hospitals. Furthermore, no authority is conferred upon the Board to close any such institution which is operating under the supervision of an unlicensed person.

Realizing that under these circumstances, which are beyond the control of the State Hospital Board, patients in some of these private homes and hospitals might be subjected to harmful conditions and environment, the General Assembly at its 1958 Regular Session adopted Senate Joint Resolution No. 21.

The Councii assigned the study to John Warren Cooke, of Mathews, a member of the Council and of the House of Delegates, as Chairman of the Committee to make a preliminary investigation and report to the Council. The following were selected to serve with Mr. Cooke on the Committee: W. Kuhn Barnett, Director, Division of Elementary and Special Education, State Department of Education, Richmond; Dr. Rex Blankinship, Medical Director of Westbrook Sanatorium, Richmond; Dr. Hiram W. Davis, Commissioner, Department of Mental Hygiene and Hospitals, Richmond; Dr. Alice Heyl Kiessling, Falls Church; E. Eugene Luther, Attorney at Law and Assistant Commonwealth's Attorney, Arlington; Bernard Maslan, Administrator, Terrace Hill Nursing Home, Inc., Richmond; Mrs. Mary Alice Roberts, former Training Specialist, Department of Welfare and Institutions, Roanoke; and Dr. Mack I. Shanholtz, State Health Commissioner, Richmond.

The Committee met and organized, electing Dr. Hiram W. Davis as Vice Chairman and appointing John B. Boatwright, Jr., as Secretary and G. M. Lapsley as Recording Secretary.

The Committee convened on several occasions and thoroughly discussed the problems incident to the subject under study. The resolution directed a study to be made of all institutions licensed by the State Hospital Board. The Committee found in its preliminary study that the major medical and administrative problems are in the area of the private homes caring for the mentally deficient and epileptics. Accordingly, it directed its major efforts to a study of these homes. It made a tour of private homes for mentally deficient and epileptic children. On this tour the members of the Committee inspected the buildings and grounds of these institutions, observed the children who were patients therein, and interviewed members of the staffs.

After consideration of the facts before it, the Committee made its report to the Council. This report has been reviewed at length by the Council, and the Council now submits its own report based thereon.