SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2007 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 37.2-406 of the Code of Virginia is amended and reenacted as follows:
§ 37.2-406. Conditions for initial licensure of certain providers.
A. Notwithstanding the Commissioner's discretion to grant licenses pursuant to this article or any Board regulation regarding licensing, no initial license shall be granted by the Commissioner to a provider of treatment for persons with opiate addiction through the use of methadone or other opioid replacements, if the provider is to be located within one-half mile of a public or private licensed day care center or a public or private K-12 school, except when such service is provided by a hospital licensed by the Board of Health or the Commissioner or is owned or operated by an agency of the Commonwealth.
B. No provider shall be required to conduct, maintain, or operate services for the treatment of persons with opiate addiction through the use of methadone or other opioid replacements on Sunday except when such service is provided by a hospital licensed by the Board of Health or the Commissioner or is owned or operated by an agency of the Commonwealth, subject to regulations or guidelines issued by the Department consistent with the health, safety and welfare of consumers and the security of take-home doses of methadone or other opiate replacements.
B C. Further, upon Upon receiving
notice of a proposal for or an application to obtain an initial license from a provider
of treatment for persons with opiate addiction through the use of methadone or
other opioid replacements, the Commissioner shall, within 15 days of the
receipt, notify the local governing body of and the community services board
serving the jurisdiction in which the facility is to be located of the proposal
or application and the facility's proposed location.
Within 30 days of the date of the notice, the local governing body and community services board shall submit to the Commissioner comments on the proposal or application. The local governing body shall notify the Commissioner within 30 days of the date of the notice concerning the compliance of the applicant with this section and any applicable local ordinances.
C D. No license shall be issued by the
Commissioner to the provider until the conditions of this section have been
met, i.e., local governing body and community services board comments have been
received and the local governing body has determined compliance with the
provisions of this section and any relevant local ordinances.
D E. No applicant for a license to provide
treatment for persons with opiate addiction through the use of methadone or
other opioid replacements that has obtained a certificate of occupancy in
accordance with the law and regulations in effect on January 1, 2004, shall be
required to comply with the provisions of this section. No existing licensed
provider shall be required to comply with the provisions of this section in any
city or county in which it is currently providing such treatment.
E F. The provisions of subsection A of this
section shall not apply to the jurisdictions in Planning District 8.