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2022 SESSION
22102027DBe 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 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 (i) methadone or (ii) opioid
replacements other than opioid replacements approved for the treatment of
opioid addiction by the U.S. Food and Drug Administration 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 (i) methadone or (ii) opioid replacements other than opioid replacements
approved for the treatment of opioid addiction by the U.S. Food and Drug
Administration 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 individuals
receiving services and the security of take-home doses of (i) methadone or (ii)
opioid replacements other than opioid replacements approved for the treatment
of opioid addiction by the U.S. Food and Drug Administration.
C. B. 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 (i) methadone or (ii)
opioid replacements other than opioid replacements approved for the treatment
of opioid addiction by the U.S. Food and Drug Administration, 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.
D. C. 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.
E. D. No applicant for a license
to provide treatment for persons with opiate addiction through the use of (i)
methadone or (ii) opioid replacements other than opioid replacements approved
for the treatment of opioid addiction by the U.S. Food and Drug Administration
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 with respect to the existing facility for which the
certificate of occupancy was obtained. No existing licensed provider shall be
required to comply with the provisions of this section with respect to an
existing facility in which it is currently providing such treatment. License
applicants and licensees who fall within this exception shall, however, be
required to comply with the provisions of this section for purposes of
relocating an existing facility or establishing a new facility.
F. The provisions of
subsections A and E. Subsection D
shall not apply to (i) the jurisdictions in Planning District 8, or
(ii) an applicant for a license for the purpose of relocating within a city
located in Planning District 23 a facility to provide treatment for persons
with opiate addiction through the use of methadone or other opioid replacements
that has been providing such treatment in the same city since 1984 and is
operated by and located with a community services board,
or (iii) an applicant for a license to operate in its current location as a
facility to provide treatment for persons with opiate addiction through the use
of methadone or other opioid replacements when the facility is located within
one-half mile of a public or private licensed day care center or a public or
private K-12 school in Henrico County, the City of Newport News, or the City of
Richmond and has been licensed and operated as a facility to provide treatment
for persons with opiate addiction through the use of methadone or other opioid
replacements by another provider immediately prior to submission of the
application for a license.