{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-406.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-406.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-406.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-406.html"}],"law_id":60249,"edition_id":1,"section_id":60249,"structure_id":15694,"section_number":"37.2-406","catch_line":"Conditions for initial licensure of certain providers","history":"2004, cc. 823, 845, \u00a7 37.1-179.2; 2005, c. 716; 2007, c. 513; 2012, cc. 476, 507; 2014, cc. 173, 415; 2016, c. 480; 2018, cc. 187, 816; 2022, cc. 512, 513.","full_text":"A\n\nNo 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 (a) methadone or (b) opioid replacements other than opioid replacements approved for the treatment of opioid addiction by the U.S. Food and Drug Administration.B\n\nUpon 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.\n\t\t\tWithin 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 any applicable local ordinances.C\n\nNo license shall be issued by the Commissioner to the provider until the conditions of this section, including those related to receipt of comments provided by the local governing body and community services board and determination of compliance with local ordinances by the local governing body, have been met.","order_by":null,"text":{"0":{"id":220337,"text":"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 (a) methadone or (b) opioid replacements other than opioid replacements approved for the treatment of opioid addiction by the U.S. Food and Drug Administration.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":220338,"text":"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.\n\t\t\tWithin 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 any applicable local ordinances.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":220339,"text":"No license shall be issued by the Commissioner to the provider until the conditions of this section, including those related to receipt of comments provided by the local governing body and community services board and determination of compliance with local ordinances by the local governing body, have been met.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15694,"edition_id":1,"name":"Licensing Providers of Behavioral Health and Developmental Services","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13665,"metadata":{},"date_created":"2026-06-26 03:58:00","date_modified":"2026-06-26 03:58:00","permalink":{"id":209875,"object_type":"structure","relational_id":15694,"identifier":"2","token":"37.2\/I\/4\/2","url":"\/37.2\/I\/4\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13665,"edition_id":1,"name":"Protection of Consumers","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":12844,"metadata":{},"date_created":"2026-06-26 03:45:31","date_modified":"2026-06-26 03:45:31","permalink":{"id":209859,"object_type":"structure","relational_id":13665,"identifier":"4","token":"37.2\/I\/4","url":"\/37.2\/I\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12844,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209675,"object_type":"structure","relational_id":12844,"identifier":"I","token":"37.2\/I","url":"\/37.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60864,"structure_id":15694,"section_number":"37.2-403","catch_line":"Definitions","url":"\/37.2-403\/","token":"37.2\/I\/4\/2\/37.2-403","metadata":false},{"id":73103,"structure_id":15694,"section_number":"37.2-404","catch_line":"Authority of Commissioner to grant licenses","url":"\/37.2-404\/","token":"37.2\/I\/4\/2\/37.2-404","metadata":false},{"id":87479,"structure_id":15694,"section_number":"37.2-405","catch_line":"License required; exception; license not transferable; operation of existing services; persons not to be admitted, etc., to unlicensed providers","url":"\/37.2-405\/","token":"37.2\/I\/4\/2\/37.2-405","metadata":false},{"id":73737,"structure_id":15694,"section_number":"37.2-405.1","catch_line":"Certain provider information on website","url":"\/37.2-405.1\/","token":"37.2\/I\/4\/2\/37.2-405.1","metadata":false},{"id":68841,"structure_id":15694,"section_number":"37.2-405.2","catch_line":"Certain information required of applicants to operate a licensed service","url":"\/37.2-405.2\/","token":"37.2\/I\/4\/2\/37.2-405.2","metadata":false},{"id":60249,"structure_id":15694,"section_number":"37.2-406","catch_line":"Conditions for initial licensure of certain providers","url":"\/37.2-406\/","token":"37.2\/I\/4\/2\/37.2-406","metadata":false},{"id":72627,"structure_id":15694,"section_number":"37.2-407","catch_line":"Regulations for treatment of pregnant women with substance abuse","url":"\/37.2-407\/","token":"37.2\/I\/4\/2\/37.2-407","metadata":false},{"id":76702,"structure_id":15694,"section_number":"37.2-408","catch_line":"Regulation of services delivered in group homes and residential facilities for children","url":"\/37.2-408\/","token":"37.2\/I\/4\/2\/37.2-408","metadata":false},{"id":70260,"structure_id":15694,"section_number":"37.2-408.1","catch_line":"Background check required; children's residential facilities","url":"\/37.2-408.1\/","token":"37.2\/I\/4\/2\/37.2-408.1","metadata":false},{"id":70637,"structure_id":15694,"section_number":"37.2-409","catch_line":"Intermediate care facilities for individuals with intellectual disability","url":"\/37.2-409\/","token":"37.2\/I\/4\/2\/37.2-409","metadata":false},{"id":82631,"structure_id":15694,"section_number":"37.2-410","catch_line":"Expiration of license; renewal; license fees","url":"\/37.2-410\/","token":"37.2\/I\/4\/2\/37.2-410","metadata":false},{"id":87344,"structure_id":15694,"section_number":"37.2-411","catch_line":"Inspections","url":"\/37.2-411\/","token":"37.2\/I\/4\/2\/37.2-411","metadata":false},{"id":86651,"structure_id":15694,"section_number":"37.2-412","catch_line":"Human rights review","url":"\/37.2-412\/","token":"37.2\/I\/4\/2\/37.2-412","metadata":false},{"id":62542,"structure_id":15694,"section_number":"37.2-413","catch_line":"Necessity for supervision by licensed provider","url":"\/37.2-413\/","token":"37.2\/I\/4\/2\/37.2-413","metadata":false},{"id":63693,"structure_id":15694,"section_number":"37.2-414","catch_line":"Cure by mental or spiritual means without use of drugs or material remedy","url":"\/37.2-414\/","token":"37.2\/I\/4\/2\/37.2-414","metadata":false},{"id":60118,"structure_id":15694,"section_number":"37.2-415","catch_line":"Provisional and conditional licenses","url":"\/37.2-415\/","token":"37.2\/I\/4\/2\/37.2-415","metadata":false},{"id":64373,"structure_id":15694,"section_number":"37.2-416","catch_line":"Background checks required; 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due process; penalty","url":"\/37.2-419.1\/","token":"37.2\/I\/4\/2\/37.2-419.1","metadata":false},{"id":74139,"structure_id":15694,"section_number":"37.2-420","catch_line":"Offer or payment of remuneration in exchange for referral prohibited","url":"\/37.2-420\/","token":"37.2\/I\/4\/2\/37.2-420","metadata":false},{"id":80959,"structure_id":15694,"section_number":"37.2-421","catch_line":"Advertising by licensed providers","url":"\/37.2-421\/","token":"37.2\/I\/4\/2\/37.2-421","metadata":false},{"id":76342,"structure_id":15694,"section_number":"37.2-421.1","catch_line":"Supportive housing providers","url":"\/37.2-421.1\/","token":"37.2\/I\/4\/2\/37.2-421.1","metadata":false},{"id":87042,"structure_id":15694,"section_number":"37.2-422","catch_line":"Penalty","url":"\/37.2-422\/","token":"37.2\/I\/4\/2\/37.2-422","metadata":false}],"previous_section":{"id":68841,"structure_id":15694,"section_number":"37.2-405.2","catch_line":"Certain information required of applicants to operate a licensed service","url":"\/37.2-405.2\/","token":"37.2\/I\/4\/2\/37.2-405.2","metadata":false},"next_section":{"id":72627,"structure_id":15694,"section_number":"37.2-407","catch_line":"Regulations for treatment of pregnant women with substance abuse","url":"\/37.2-407\/","token":"37.2\/I\/4\/2\/37.2-407","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-406\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapters 823<\/a> and 845<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2005, chapter 716<\/a>; in 2007, chapter 513<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2014, chapters 173<\/a> and 415<\/a>; in 2016, chapter 480<\/a>; in 2018, chapters 187<\/a> and 816<\/a>; in 2022, chapters 512<\/a> and 513<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":209897,"object_type":"law","relational_id":60249,"identifier":"37.2-406","token":"37.2\/I\/4\/2\/37.2-406","url":"\/37.2-406\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-406\/","token":"37.2\/I\/4\/2\/37.2-406","dublin_core":{"Title":"Conditions for initial licensure of certain providers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-406","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No provider<\/span> 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<\/span> of Health or the Commissioner<\/span> or is owned or operated by an agency of the Commonwealth, subject to regulations or guidelines issued by the Department<\/span> consistent with the health, safety and welfare of individuals<\/span> receiving services and the security of take-home doses of (a) methadone or (b) opioid replacements other than opioid replacements approved for the treatment of opioid addiction by the U.S. Food and Drug Administration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon receiving notice of a proposal for or an application to obtain an initial license from a provider<\/span> 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<\/span> shall, within 15 days of the receipt, notify the local governing body of and the community services board<\/span> serving the jurisdiction<\/span> in which the facility<\/span> is to be located of the proposal or application and the facility<\/span>’s proposed location.\n\t\t\tWithin 30 days of the date of the notice, the local governing body and community services board<\/span> shall submit to the Commissioner<\/span> comments on the proposal or application. The local governing body shall notify the Commissioner<\/span> within 30 days of the date of the notice concerning the compliance of the applicant with any applicable local ordinances<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No license shall be issued by the Commissioner<\/span> to the provider<\/span> until the conditions of this section, including those related to receipt of comments provided by the local governing body and community services board<\/span> and determination of compliance with local ordinances<\/span> by the local governing body, have been met. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONDITIONS FOR INITIAL LICENSURE OF CERTAIN PROVIDERS (\u00a7 37.2-406)\n\nA. No provider shall be required to conduct, maintain, or operate services for\nthe treatment of persons with opiate addiction through the use of (i) methadone\nor (ii) opioid replacements other than opioid replacements approved for the\ntreatment of opioid addiction by the U.S. Food and Drug Administration on\nSunday, except when such service is provided by a hospital licensed by the Board\nof Health or the Commissioner or is owned or operated by an agency of the\nCommonwealth, subject to regulations or guidelines issued by the Department\nconsistent with the health, safety and welfare of individuals receiving services\nand the security of take-home doses of (a) methadone or (b) opioid replacements\nother than opioid replacements approved for the treatment of opioid addiction by\nthe U.S. Food and Drug Administration.\n\nB. Upon receiving notice of a proposal for or an application to obtain an\ninitial license from a provider of treatment for persons with opiate addiction\nthrough the use of (i) methadone or (ii) opioid replacements other than opioid\nreplacements approved for the treatment of opioid addiction by the U.S. Food and\nDrug Administration, the Commissioner shall, within 15 days of the receipt,\nnotify the local governing body of and the community services board serving the\njurisdiction in which the facility is to be located of the proposal or\napplication and the facility’s proposed location.\n\t\t\tWithin 30 days of the date of the notice, the local governing body and\ncommunity services board shall submit to the Commissioner comments on the\nproposal or application. The local governing body shall notify the Commissioner\nwithin 30 days of the date of the notice concerning the compliance of the\napplicant with any applicable local ordinances.\n\nC. No license shall be issued by the Commissioner to the provider until the\nconditions of this section, including those related to receipt of comments\nprovided by the local governing body and community services board and\ndetermination of compliance with local ordinances by the local governing body,\nhave been met.\n\nHISTORY: 2004, cc. 823, 845, \u00a7 37.1-179.2; 2005, c. 716; 2007, c. 513; 2012,\ncc. 476, 507; 2014, cc. 173, 415; 2016, c. 480; 2018, cc. 187, 816; 2022, cc.\n512, 513.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}