CHAPTER 480
An Act to amend and reenact §37.2-406 of the Code of
Virginia, relating to opiate addiction treatment licensure; nonmethadone opioid
replacements.
[S 556]
Approved March 25, 2016
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 other (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 other (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 other opiate (ii)
opioid replacements other than opioid replacements approved for the
treatment of opioid addiction by the U.S. Food and Drug Administration.
C. 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 other
(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. 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. No applicant for a license to provide treatment for persons
with opiate addiction through the use of (i) methadone or other
(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 subsection subsections A
and subsection E shall not apply to the jurisdictions in Planning
District 8 or to 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.
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