{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-415.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-415.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-415.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-415.html"}],"law_id":60118,"edition_id":1,"section_id":60118,"structure_id":15694,"section_number":"37.2-415","catch_line":"Provisional and conditional licenses","history":"1980, c. 582, \u00a7 37.1-183.2; 1990, c. 311; 2001, cc. 486, 506; 2005, c. 716; 2014, c. 497; 2023, c. 781.","full_text":"The Commissioner may issue a provisional license at any time to a provider that has previously been fully licensed when the provider is temporarily unable to comply with all licensing standards. The maximum term of a provisional license shall be six months. A provisional license may be renewed for a period not to exceed six months if the provider is not able to demonstrate compliance with all licensing regulations but demonstrates progress towards compliance. However, in no case shall the total period of provisional licensure exceed 12 successive months. A provisional license shall be prominently displayed by the provider in a format determined by the Commissioner at the site of the affected service and shall indicate thereon the violations of licensing standards to be corrected and the expiration date of the license. The Department shall direct any provider who is issued a provisional license to review all pertinent state and federal regulations and other contractual agents with payor sources to determine any limitations that may be placed on such provider by any other agency of the Commonwealth, including restrictions on reimbursement that may be imposed by the Department of Medical Assistance Services. Whenever the Commissioner issues a provisional license, the provisions of the Administrative Process Act (\u00a7 2.2-4000 et seq.) shall apply. Any person aggrieved by the final decision of the Commissioner to issue a provisional license shall be entitled to judicial review of such decision in accordance with the provisions of the Administrative Process Act (\u00a7 2.2-4000 et seq.). If the provider waives his right to appeal by signing a consent agreement, the consent agreement shall direct the provider to review all pertinent state and federal regulations and contractual agents to determine any restrictions on reimbursement that may be imposed by other state agencies or payor sources, and the Commissioner shall provide a copy of the consent agreement to the Department of Medical Assistance Services.\n\t\tThe Commissioner may issue a conditional license to a provider to operate a new service in order to permit the provider to demonstrate compliance with all licensing standards. The maximum term of a conditional license shall be six months. A conditional license may be renewed, but in no case, whether renewed or not, shall the total period of conditional licensing be longer than 12 successive months.","order_by":null,"text":{"0":{"id":219982,"text":"The Commissioner may issue a provisional license at any time to a provider that has previously been fully licensed when the provider is temporarily unable to comply with all licensing standards. The maximum term of a provisional license shall be six months. A provisional license may be renewed for a period not to exceed six months if the provider is not able to demonstrate compliance with all licensing regulations but demonstrates progress towards compliance. However, in no case shall the total period of provisional licensure exceed 12 successive months. A provisional license shall be prominently displayed by the provider in a format determined by the Commissioner at the site of the affected service and shall indicate thereon the violations of licensing standards to be corrected and the expiration date of the license. The Department shall direct any provider who is issued a provisional license to review all pertinent state and federal regulations and other contractual agents with payor sources to determine any limitations that may be placed on such provider by any other agency of the Commonwealth, including restrictions on reimbursement that may be imposed by the Department of Medical Assistance Services. Whenever the Commissioner issues a provisional license, the provisions of the Administrative Process Act (\u00a7 2.2-4000 et seq.) shall apply. Any person aggrieved by the final decision of the Commissioner to issue a provisional license shall be entitled to judicial review of such decision in accordance with the provisions of the Administrative Process Act (\u00a7 2.2-4000 et seq.). If the provider waives his right to appeal by signing a consent agreement, the consent agreement shall direct the provider to review all pertinent state and federal regulations and contractual agents to determine any restrictions on reimbursement that may be imposed by other state agencies or payor sources, and the Commissioner shall provide a copy of the consent agreement to the Department of Medical Assistance Services.\n\t\tThe Commissioner may issue a conditional license to a provider to operate a new service in order to permit the provider to demonstrate compliance with all licensing standards. The maximum term of a conditional license shall be six months. A conditional license may be renewed, but in no case, whether renewed or not, shall the total period of conditional licensing be longer than 12 successive months.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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; services for children and developmental services","url":"\/37.2-416\/","token":"37.2\/I\/4\/2\/37.2-416","metadata":false},{"id":67357,"structure_id":15694,"section_number":"37.2-416.1","catch_line":"Background checks required; adult substance abuse and mental health services","url":"\/37.2-416.1\/","token":"37.2\/I\/4\/2\/37.2-416.1","metadata":false},{"id":75400,"structure_id":15694,"section_number":"37.2-417","catch_line":"Proceeding to prevent unlawful operation of service","url":"\/37.2-417\/","token":"37.2\/I\/4\/2\/37.2-417","metadata":false},{"id":72368,"structure_id":15694,"section_number":"37.2-418","catch_line":"Revocation, suspension, or refusal of licenses; resumption of operation; summary suspension under certain circumstances; penalty","url":"\/37.2-418\/","token":"37.2\/I\/4\/2\/37.2-418","metadata":false},{"id":79849,"structure_id":15694,"section_number":"37.2-419","catch_line":"Human rights and licensing enforcement and sanctions; notice","url":"\/37.2-419\/","token":"37.2\/I\/4\/2\/37.2-419","metadata":false},{"id":87138,"structure_id":15694,"section_number":"37.2-419.1","catch_line":"Summary suspension of adult facility licenses under certain circumstances; 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":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},"next_section":{"id":64373,"structure_id":15694,"section_number":"37.2-416","catch_line":"Background checks required; services for children and developmental services","url":"\/37.2-416\/","token":"37.2\/I\/4\/2\/37.2-416","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-415\/","history_text":"

This law was first created in 1980. The record of its establishment is cataloged in chapter 582 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. Unfortunately, the 1980 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1990, chapter 311; in 2001, chapters 486<\/a> and 506<\/a>; in 2005, chapter 716<\/a>; in 2014, chapter 497<\/a>; in 2023, chapter 781<\/a>.<\/p>","references":[{"id":60864,"section_number":"37.2-403","catch_line":"Definitions","order_by":null,"url":"\/37.2-403\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":209937,"object_type":"law","relational_id":60118,"identifier":"37.2-415","token":"37.2\/I\/4\/2\/37.2-415","url":"\/37.2-415\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-415\/","token":"37.2\/I\/4\/2\/37.2-415","dublin_core":{"Title":"Provisional and conditional licenses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-415","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Commissioner<\/span> may issue<\/span> a provisional license<\/span> at any time to a provider<\/span> that has previously been fully licensed when the provider<\/span> is temporarily unable to comply with all licensing standards. The maximum term of a provisional license<\/span> shall be six months. A provisional license<\/span> may be renewed for a period not to exceed six months if the provider<\/span> is not able to demonstrate compliance with all licensing regulations but demonstrates progress towards compliance. However, in no case shall the total period of provisional licensure exceed 12 successive months. A provisional license<\/span> shall be prominently displayed by the provider<\/span> in a format determined by the Commissioner<\/span> at the site of the affected service and shall indicate thereon the violations of licensing standards to be corrected and the expiration date of the license. The Department<\/span> shall direct any provider<\/span> who is issued a provisional license<\/span> to review all pertinent state<\/span> and federal regulations and other contractual agents with payor sources to determine any limitations that may be placed on such provider<\/span> by any other agency of the Commonwealth, including restrictions on reimbursement that may be imposed by the Department<\/span> of Medical Assistance Services. Whenever the Commissioner<\/span> issues<\/span> a provisional license<\/span>, the provisions of the Administrative Process Act (\u00a7 2.2-4000<\/a> et seq.) shall apply. Any person aggrieved by the final decision of the Commissioner<\/span> to issue<\/span> a provisional license<\/span> shall be entitled to judicial review of such decision in accordance with the provisions of the Administrative Process Act (\u00a7 2.2-4000<\/a> et seq.). If the provider<\/span> waives<\/span> his right to appeal<\/span> by signing a consent agreement, the consent agreement shall direct the provider<\/span> to review all pertinent state<\/span> and federal regulations and contractual agents to determine any restrictions on reimbursement that may be imposed by other state<\/span> agencies or payor sources, and the Commissioner<\/span> shall provide a copy of the consent agreement to the Department<\/span> of Medical Assistance Services.\n\t\tThe Commissioner<\/span> may issue<\/span> a conditional license<\/span> to a provider<\/span> to operate a new service in order<\/span> to permit the provider<\/span> to demonstrate compliance with all licensing standards. The maximum term of a conditional license<\/span> shall be six months. A conditional license<\/span> may be renewed, but in no case, whether renewed or not, shall the total period of conditional licensing be longer than 12 successive months.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROVISIONAL AND CONDITIONAL LICENSES (\u00a7 37.2-415)\n\nThe Commissioner may issue a provisional license at any time to a provider that\nhas previously been fully licensed when the provider is temporarily unable to\ncomply with all licensing standards. The maximum term of a provisional license\nshall be six months. A provisional license may be renewed for a period not to\nexceed six months if the provider is not able to demonstrate compliance with all\nlicensing regulations but demonstrates progress towards compliance. However, in\nno case shall the total period of provisional licensure exceed 12 successive\nmonths. A provisional license shall be prominently displayed by the provider in\na format determined by the Commissioner at the site of the affected service and\nshall indicate thereon the violations of licensing standards to be corrected and\nthe expiration date of the license. The Department shall direct any provider who\nis issued a provisional license to review all pertinent state and federal\nregulations and other contractual agents with payor sources to determine any\nlimitations that may be placed on such provider by any other agency of the\nCommonwealth, including restrictions on reimbursement that may be imposed by the\nDepartment of Medical Assistance Services. Whenever the Commissioner issues a\nprovisional license, the provisions of the Administrative Process Act (\u00a7\n2.2-4000 et seq.) shall apply. Any person aggrieved by the final decision of the\nCommissioner to issue a provisional license shall be entitled to judicial review\nof such decision in accordance with the provisions of the Administrative Process\nAct (\u00a7 2.2-4000 et seq.). If the provider waives his right to appeal by signing\na consent agreement, the consent agreement shall direct the provider to review\nall pertinent state and federal regulations and contractual agents to determine\nany restrictions on reimbursement that may be imposed by other state agencies or\npayor sources, and the Commissioner shall provide a copy of the consent\nagreement to the Department of Medical Assistance Services.\n\t\tThe Commissioner may issue a conditional license to a provider to operate a\nnew service in order to permit the provider to demonstrate compliance with all\nlicensing standards. The maximum term of a conditional license shall be six\nmonths. A conditional license may be renewed, but in no case, whether renewed or\nnot, shall the total period of conditional licensing be longer than 12\nsuccessive months.\n\nHISTORY: 1980, c. 582, \u00a7 37.1-183.2; 1990, c. 311; 2001, cc. 486, 506; 2005, c.\n716; 2014, c. 497; 2023, c. 781.","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}}