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2022 SESSION
22101664DBe 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 (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) (a) methadone or (ii) (b)
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., including those related to receipt of comments
provided by the local governing body and community services
board comments have been received
and determination of compliance with local ordinances
by the local governing body
has determined compliance with the provisions of
this section and any relevant local ordinances, have been met.
E. 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 shall not apply to (i) the jurisdictions in Planning
District 8, (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.