Title 32.1, Health

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…

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.

As used in this article, unless the context clearly requires a different meaning: "Alternative discharging sewage system" means any device or system which results in a point source discharge of treated sewage for which the Board may issue a permit authorizing construction and ope…

A sanitarian while acting within the scope of his employment in approving or denying applications for permits for onsite sewage disposal systems or while performing checks of or reviewing and approving field evaluations completed by licensed onsite soil evaluators shall be subjec…

In addition to the powers and duties provided in § 32.1-164, the Board of Health shall develop and revise as may be necessary a five-year plan for the handling and disposal of onsite sewage. Such plan shall include (i) the number of applications for onsite sewage permits per year…

The identity of any person making a report of an alleged violation of any provision of this article or any regulation of the Board of Health relating to sewage disposal shall be confidential. However, the identity of such person may be disclosed (i) to the Commissioner, the membe…

A. In any case where the local or district health department experiences a septic system or other onsite sewage system permit backlog of 15 working days from the application filing date, the Commissioner shall contract with licensed onsite soil evaluators for the field evaluation…

A. Notwithstanding other provisions of this chapter, for purposes of subdivision review, permit approval, and issuance of letters for residential development, the Board, Commissioner, and Department of Health shall accept private site evaluations and designs, in compliance with t…

A. Notwithstanding other provisions of this chapter, for purposes of permit approval, the Board, Commissioner, and Department of Health shall accept treatment works designs from individuals licensed as professional engineers pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.…

A. The Board shall have supervision and control over the safe and sanitary collection, conveyance, transportation, treatment, and disposal of sewage by onsite sewage systems and alternative discharging sewage systems, and treatment works as they affect the public health and welfa…

A. Whenever administrative action is taken to deny a septic tank permit or to grant a septic tank permit with conditions or to refuse to issue, or grant with conditions, a letter recognizing the appropriateness of onsite sewage site conditions in lieu of issuing an onsite sewage …

A. For the purposes of this section: "General approval" means approval of a treatment unit that has been evaluated in accordance with the requirements of Board regulations and Department policies and approved for effluent that has been treated to a quality specified by the Board …

A. There is hereby created the Onsite Sewage Indemnification Fund, hereafter referred to as "the Fund," whose purpose is to receive moneys generated by a portion of the fees collected by the Department of Health pursuant to subsections C and E of § 32.1-164 and appropriated by th…

A. Any septic tank permit issued shall be valid for a period of 18 months from the date of issuance unless there has been a substantial, intervening change in the soil or site conditions where the septic system is to be located. However, if a building permit has been obtained or …

A. The Board shall establish a betterment loan eligibility program to assist owners with the repair, replacement, or upgrade of failing or noncompliant onsite sewage systems, and the Board may identify sources for betterment loans to be provided by private lenders, directly or th…

Any owner desiring to voluntarily upgrade an onsite or alternative discharging sewage system that is not failing shall file an application, according to instructions from the Board, to obtain a construction permit to improve the system in accordance with the laws and regulations …

There is hereby created in the state treasury a special nonreverting fund to be known as the Onsite Operation and Maintenance Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. All fees collected pursuant to subsection H of §…

The Board of Health shall promulgate regulations for chamber and bundled expanded polystyrene effluent distribution systems for onsite sewage systems permitted by the Commissioner pursuant to Article 1 (§ 32.1-164 et seq.) of Chapter 6 of Title 32.1. Such regulations shall includ…

A. No county, city, town, or employee thereof shall issue a permit for a building designed for human occupancy without the prior written authorization of the Commissioner or his agent. The Commissioner or his agent shall authorize the issuance of such permit upon finding that saf…

The Board may enter into an agreement with any appropriate federal agency to regulate and monitor the collection, transportation, conveyance, treatment and disposal of sewage from common carriers or at federal facilities pursuant to the Public Health Service Act, United States Pu…

As used in this article, unless the context clearly requires a different meaning: "Aesthetic standards" means water quality standards which involve those physical, biological, and chemical properties of water that adversely affect the palatability and consumer acceptability of wa…

The provisions of this article shall not be applicable to a waterworks which meets all of the following conditions: 1. The waterworks consists only of distribution and storage facilities and does not have any collection or treatment facilities; 2. The waterworks obtains all of it…

A. The Board shall have general supervision and control over all water supplies and waterworks in the Commonwealth insofar as the bacteriological, chemical, radiological, and physical quality of waters furnished for human consumption may affect the public health and welfare and m…

A. The regulations of the Board governing waterworks, water supplies, and pure water shall be designed to protect the public health and promote the public welfare and shall include criteria and procedures to accomplish these purposes. The regulations may include, without limitati…