Bill Text: VA HB679 | 2022 | Regular Session | Chaptered
Bill Title: Opioids; providers of treatment for addiction, conditions for initial licensure, location.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-04-11 - Governor: Acts of Assembly Chapter text (CHAP0512) [HB679 Detail]
Download: Virginia-2022-HB679-Chaptered.html
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 (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.
2. That the provisions of this act shall become effective on January 1, 2023.