Code of Virginia - Title 37.2 Mental Health, Mental Retardation, And Substance Abuse Services - Chapter 4 Protection Of Consumers

37.2-400 Rights of consumers
A. Each person who is a consumer in a hospital, training center, other facility, or program operated, funded, or licensed by the Department, excluding those ...

37.2-401 Legally authorized representative prohibition
No employee of the Department, a state hospital or training center, a community services board or behavioral health authority, a community services board or behavioral ...

37.2-402 Board to establish regulations regarding human research
The Board shall adopt regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) to implement the provisions of Chapter 5.1 (§ 32.1-162.16 et ...

37.2-403 Definitions
As used in this article, unless the context requires a different meaning: "Brain injury" is any injury to the brain that occurs after birth, but ...

37.2-404 Authority of Commissioner to grant licenses
The Commissioner, subject to regulations adopted by the Board, may license any suitable provider to establish, maintain and operate, or have charge of any service. ...

37.2-405 License required; exception; license not transferable; operation of existing services; persons not ...
A. No provider shall establish, conduct, maintain, or operate or continue to operate in the Commonwealth any service, without being licensed under this article, except ...

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 ...

37.2-407 Regulations for treatment of pregnant women with substance abuse
The Board shall adopt regulations that ensure that providers licensed to offer substance abuse services develop policies and procedures for the timely and appropriate treatment ...

37.2-408 Regulation of services delivered in group homes and residential facilities for children
A. The Department shall assist and cooperate with other state departments in fulfilling their respective licensing and certification responsibilities. The Board shall adopt regulations that ...

37.2-408.1 Background check required; children's residential facilities
A. Notwithstanding the provisions of § 37.2-416, as a condition of employment, volunteering or providing services on a regular basis, every children's residential facility that ...

37.2-409 Intermediate care facilities for the mentally retarded
The Board may adopt regulations specifying the maximum number of consumers to be served by any intermediate care facility for the mentally retarded. (2001, cc. ...

37.2-410 Expiration of license; renewal; license fees
Licenses granted under this article may be issued for periods of up to three successive years from the date of issuance and may be renewed ...

37.2-411 Inspections
All services provided or delivered under any license shall be subject to review or inspection at any reasonable time by any authorized inspector or agent ...

37.2-412 Human rights review
Licensing pursuant to this article shall be contingent upon substantial compliance with § 37.2-400 and acceptable implementation of the human rights regulations adopted pursuant thereto, ...

37.2-413 Necessity for supervision by licensed provider
No person shall maintain or operate any service unless such service is under the direct supervision of a provider licensed under this article. (Code 1950, ...

37.2-414 Cure by mental or spiritual means without use of drugs or material remedy
Nothing contained in this article shall be construed to authorize or require a license of a provider to establish, maintain and operate, or have charge ...

37.2-415 Provisional and conditional licenses
The Commissioner may issue a provisional license to a provider that has previously been fully licensed when the provider is temporarily unable to comply with ...

37.2-416 Background checks required
A. As used in this section, the term "direct consumer care position" means any position that includes responsibility for (i) treatment, case management, health, safety, ...

37.2-417 Proceeding to prevent unlawful operation of service
In case any service is being operated in violation of the provisions of this article or of any applicable regulations made under these provisions, the ...

37.2-418 Revocation, suspension, or refusal of licenses; resumption of operation; summary suspension under c...
A. The Commissioner is authorized to revoke or suspend any license issued hereunder or refuse issuance of a license on any of the following grounds: ...

37.2-419 Human rights and licensing enforcement and sanctions; notice.
A. As used in this section, "special order" means an administrative order issued to any party licensed or funded by the Department that has a ...

37.2-419.1 Summary suspension of adult facility licenses under certain circumstances; due process; penalt...
A. Pursuant to the procedures set forth in subsection B and in addition to the authority for other disciplinary actions provided in this chapter, the ...

37.2-420 Offer or payment of remuneration in exchange for referral prohibited
No provider licensed pursuant to this article shall knowingly and willfully offer or pay any remuneration directly or indirectly, in cash or in kind, to ...

37.2-421 Advertising by licensed providers
The Board shall adopt regulations governing advertising practices of any provider licensed pursuant to this article. The regulations shall require that any provider's advertisement not ...

37.2-422 Penalty
Any person violating any provision of this article or any applicable regulation made under such provisions shall be guilty of a Class 3 misdemeanor, and ...

37.2-423 Office created; appointment of Inspector General for Mental Health, Mental Retardation and Substanc...
There is hereby created the Office of Inspector General for Mental Health, Mental Retardation and Substance Abuse Services to inspect, monitor, and review the quality ...

37.2-424 Powers and duties of Inspector General
The Inspector General shall have the following powers and duties: 1. To operate and manage the Office of the Inspector General and to employ the ...

37.2-425 Reports
A. The Inspector General shall prepare, not later than May 31 and November 30 of each year, semiannual reports summarizing the activities of the Office ...

37.2-426 Officers may be appointed conservators of the peace; regulation of traffic
Pursuant to § 19.2-13, the director, resident officers, policemen, and fire fighters of any hospital or training center may be appointed conservators of the peace ...

37.2-427 Mistreatment of consumers in hospital or training center
It shall be unlawful for any officer or employee of any hospital or training center or other person to maltreat or misuse any consumer who ...

37.2-428 Aiding and abetting in escapes
It shall be unlawful for any officer or employee of any hospital or training center or any other person to aid or abet in the ...

37.2-429 Disorderly conduct on grounds and interference with officers
It shall be unlawful for any person to conduct himself in an insulting or disorderly manner on the grounds of any hospital or training center ...

37.2-430 Providing alcoholic beverages to consumers
It shall be unlawful for any person to sell or give alcoholic beverages to any consumer at any hospital or training center, bring alcoholic beverages ...

37.2-431 Contriving or conspiring to maliciously obtain admission of person
It shall be unlawful for any person to knowingly and maliciously contrive or conspire to obtain without reasonable cause the admission of any person to ...

37.2-432 through 37.2-440
Repealed by Acts 2005, cc. 43 and 111. ...