Title 32.1, Title 32.1. Health

As used in this article, unless the context requires a different meaning: "Center" means a prescribed pediatric extended care center. "Parent" means the same as that term is defined in § 22.1-213.1.

A. Upon application for licensure as a Center, (i) all applicants and (ii) all agents at the time of application who are or will be involved in the day-to-day operations of the Center or who are or will be alone with, in control of, or supervising one or more children shall under…

A. A Center shall be a nonresidential health care service that provides a link in the continuum of care for medically dependent or technologically dependent children. B. A Center shall provide services that promote and maintain the health and development of the children attending…

A. Each Center shall have an administrator who oversees the operation of the Center. Such administrator shall be a physician with a current license, an advanced practice registered nurse, a licensed nursing home administrator, a child day center director, or a registered nurse wi…

A. The regulations promulgated by the Board to carry out the provisions of this article shall be in substantial conformity to the standards of health, hygiene, sanitation, construction, and safety as established and recognized by medical and health care professionals and by speci…

Whenever the Department conducts inspections or investigations in response to complaints received from the public, the identity of the complainant and the identity of any child who is the subject of the complaint, or identified therein, shall be confidential and shall not be open…

No Center may retaliate or discriminate in any manner against any person who (i) in good faith complains or provides information to, or otherwise cooperates with, the Department or any other agency of government or any person or entity operating under contract with an agency of g…

No Center may retaliate in any manner against any person who in good faith reports adult or child abuse or neglect pursuant to Chapter 15 (§ 63.2-1501 et seq.) or Article 2 (§ 63.2-1603 et seq.) of Chapter 16 of Title 63.2.

A. No Center may hire for compensated employment, continue to employ persons, or permit persons to serve as volunteers who (i) have been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) are the subject of a founded complaint of child abuse or neglect within or o…

A. The Commissioner may revoke or deny renewal of the license of a Center if the Center has knowledge that a person specified in § 32.1-162.15:1.17 required to have a background check (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) is the subject o…

Any person, and each officer and each member of the governing board of any association or corporation that operates a Center, is guilty of a Class 1 misdemeanor if he: 1. Interferes with any representative of the Commissioner in the discharge of his duties under this article; 2. …

A. No person shall establish or operate a Center without a license issued by the Commissioner pursuant to this article. B. No license issued under this article shall be assignable or transferable. C. The Board shall adopt regulations for the implementation of this article.

A. The Commissioner may impose disciplinary action (i) for violation of any of the provisions of this article or any regulation adopted under any provision of this article for which that violation adversely affects, or is an imminent and substantial threat to, the health, safety,…

A. Pursuant to the procedures set forth in this section and in addition to the authority for other disciplinary actions provided in this title, the Commissioner may issue a notice of summary suspension of the license of any Center in conjunction with any proceeding for revocation…

Whenever the Commissioner issues a summary order of suspension of the license to operate a Center operated by an agency of the Commonwealth: 1. Before such summary order of suspension shall take effect, the Commissioner shall issue to the Center a notice of summary order of suspe…

A Center operated by an agency of the Commonwealth shall have the right to appeal any notice of imposition of disciplinary action as follows: 1. Within 30 days after receiving a notice of imposition of disciplinary action, the licensee shall request in writing that the Commission…

A. The Board is authorized to adopt regulations and schedules for fees to be charged for processing applications for licenses to operate Centers. B. All fees received under the provisions of this article shall be paid into a special nonreverting fund of the Department and are app…

A. Every person that establishes or operates a Center shall obtain a license from the Commissioner, which may be renewed annually. Each application for a license shall be made to the Commissioner, in such form as he may prescribe and accompanied by an application fee. It shall co…

Upon receipt of a completed application for initial licensure, the Commissioner shall cause an inspection to be made of the activities, services, and facilities of the applicant and of his character and reputation or, if the applicant is an association, partnership, limited liabi…

A. Upon completion of the inspection pursuant to § 32.1-162.15:1.5, the Commissioner shall issue a license to the applicant if (i) the applicant has made adequate provision for such activities, services, and facilities as are reasonably conducive to the welfare of the children ov…

Buildings licensed as Centers shall be classified by and meet the specifications for the proper Use Group as required by the Uniform Statewide Building Code (§ 36-97 et seq.).

A. Applicants for licensure and licensees shall at all times afford the Commissioner or his representatives reasonable opportunity to inspect all of their facilities, books, and records and to interview their agents and employees and any person participating in such Centers or un…

Every Center shall keep such records and make such reports to the Commissioner as the Board may require by regulation. The forms to be used in the making of such reports shall be prescribed and furnished by the Commissioner.

The provisions of this article shall not be applicable to: 1. A hospice established or operated for the practice of religious tenets of any recognized church or denomination which provides care and treatment for the sick by spiritual means without the use of any drug or material …

A. No person shall establish or operate a hospice or a hospice facility without a license issued pursuant to this article unless he is exempt from licensure pursuant to § 32.1-162.2. B. The Commissioner shall issue or renew a license to establish or operate a hospice or a hospice…

The Commissioner may cause each hospice licensed under this article to be periodically inspected at reasonable times. However, no hospice shall receive additional inspections until all other hospices in the Commonwealth have also been inspected, unless the additional inspections …

A. The Board shall prescribe such regulations governing the activities and services provided by hospices as may be necessary to protect the public health, safety and welfare. Such regulations shall include, but not be limited to, the requirements for: the qualifications and super…

A. Any hospice licensed by the Department or exempt from licensure pursuant to § 32.1-162.2 with a hospice patient residing at home at the time of death shall notify every pharmacy that has dispensed partial quantities of a Schedule II controlled substance for a patient with a me…

A. The Commissioner is authorized to revoke or suspend any license issued hereunder if the holder of the license fails to comply with the provisions of this article or with the regulations of the Board. B. If a license is revoked as herein provided, the Commissioner may issue a n…

Hospice and hospice facility employees who are authorized to possess, distribute, or administer medications to patients shall be permitted to store, dispense, or administer cannabis oil to a patient who has been issued a valid written certification for the use of cannabis oil in …

As used in this article: "Health care professional" means any professional who is licensed, certified or registered to practice by a board within the Department of Health Professions under Title 54.1 or is licensed, certified or registered by a nationally recognized professional …

The provisions of this article shall not be applicable to: 1. A natural person who provides services to a patient or individual on an individual basis if such person is (i) acting alone under a medical plan of care and is licensed to provide such services pursuant to Title 54.1 o…

A. No person shall establish or operate a home care organization without a license issued pursuant to this article unless he is exempt from licensure pursuant to § 32.1-162.8. No license to establish or operate a home care organization shall be issued to any person who has been s…

A. A licensed home care organization as defined in § 32.1-162.7 or any home care organization exempt from licensure under subdivision 3 a or b of § 32.1-162.8 or any licensed hospice as defined in § 32.1-162.1 shall not hire for compensated employment, persons who have been convi…

The Department shall establish a process for receiving complaints regarding alleged violations of this article.

A. The Virginia Forensic Nursing Advisory Council (the Council) is hereby established as an advisory board within the meaning of § 2.2-2100 in the executive branch of state government. The Council shall consist of five members to be appointed by the Governor. Each member shall ha…

As used in this article, unless the context requires a different meaning: "Anonymous physical evidence recovery kit" has the same meaning as in § 19.2-11.5. "Approved pediatric health care facility" means a pediatric health care facility for which a plan for the delivery of servi…

A. Every health care facility shall provide written information about local or statewide sexual and domestic violence advocacy services. Such information shall be readily available to adult and pediatric patients. B. Every hospital shall develop and, upon approval by the Departme…

A. The Board shall adopt regulations to establish standards for review and approval of sexual assault patient treatment plans, which shall include provisions for the following services, when ordered by a health care provider and with the consent of the sexual assault patient: 1. …

The Board shall adopt regulations to establish standards for review and approval of sexual assault patient transfer plans and pediatric sexual assault patient transfer plans, which shall include provisions for the following services, when ordered by a health care provider and wit…

A. A pediatric health care facility may provide treatment services or transfer and stabilization services to pediatric sexual assault patients in accordance with a pediatric sexual assault patient treatment plan or pediatric sexual assault patient transfer and stabilization plan …

A. The Department shall periodically conduct such inspections of hospitals licensed by the Department as may be necessary to ensure that sexual assault patient treatment plans, sexual assault patient transfer plans, and pediatric sexual assault patient transfer plans are implemen…

Photographic documentation collected by a treatment hospital or approved pediatric health care facility shall be maintained by the treatment hospital or approved pediatric health care facility as part of the patient's forensic medical examination. In the case of an anonymous phys…

Every treatment hospital and approved pediatric health care facility that provides a medical forensic examination that includes completion of a physical evidence recovery kit to a sexual assault patient who has elected to report the assault to law enforcement shall notify the law…

As used in this chapter, unless the context requires a different meaning: "Human research" means any systematic investigation, including research development, testing and evaluation, utilizing human subjects, that is designed to develop or contribute to generalized knowledge. Hum…

The following categories of human research are exempt from the provisions of this chapter: 1. Activities of the Virginia Department of Health conducted pursuant to § 32.1-39; 2. Research or student learning outcomes assessments conducted in educational settings involving regular …