{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-419.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-419.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-419.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-419.html"}],"law_id":79849,"edition_id":1,"section_id":79849,"structure_id":15694,"section_number":"37.2-419","catch_line":"Human rights and licensing enforcement and sanctions; notice","history":"1999, c. 969, \u00a7 37.1-185.1; 2001, cc. 486, 506; 2005, c. 716; 2012, cc. 476, 507; 2014, c. 497.","full_text":"A\n\nAs used in this section, “special order” means an administrative order issued to any party licensed or funded by the Department that has a stated duration of not more than 12 months and that may include a civil penalty that shall not exceed $500 per violation per day, prohibition of new admissions, or reduction of licensed capacity for violations of § 37.2-400, the licensing or human rights regulations, or this article.B\n\nNotwithstanding any other provision of law, following a proceeding as provided in \u00a7 2.2-4019, the Commissioner may issue a special order for a violation of any of the provisions of \u00a7 37.2-400 or any regulation adopted under any provision of \u00a7 37.2-400 or of this article that adversely affects the human rights of individuals receiving services or poses an imminent and substantial threat to the health, safety, or welfare of individuals receiving services. The issuance of a special order shall be considered a case decision as defined in \u00a7 2.2-4001. The Commissioner shall not delegate his authority to impose civil penalties in conjunction with the issuance of special orders. The Commissioner may take the following actions to sanction public and private providers licensed or funded by the Department for noncompliance with \u00a7 37.2-400, the human rights regulations, or this article that are the subject of a special order:1\n\nPlace any service of any such provider on probation upon finding that it is substantially out of compliance with the licensing or human rights regulations and that the health or safety of individuals receiving services is at risk.2\n\nReduce licensed capacity or prohibit new admissions when he concludes that the provider cannot or will not make necessary corrections to achieve compliance with licensing or human rights regulations except by a temporary restriction of its scope of service.3\n\nRequire that probationary status announcements and denial or revocation notices be of sufficient size and distinction and be posted in a prominent place at each public entrance of the affected service.4\n\nMandate training for the provider’s employees, with any costs to be borne by the provider, when he concludes that the lack of training has led directly to violations of licensing or human rights regulations.5\n\nAssess civil penalties of not more than $500 per violation per day upon finding that the licensed or funded provider is substantially out of compliance with the licensing or human rights regulations and that the health or safety of individuals receiving services is at risk.6\n\nWithhold funds from licensed or funded providers receiving public funds that are in violation of the licensing or human rights regulations upon finding that the licensed or funded provider is substantially out of compliance and that the health or safety of individuals receiving services is at risk.C\n\nThe Commissioner shall inform other public agencies that provide funds to a provider, including the Departments of Social Services and Medical Assistance Services, that a special order has been issued in accordance with this section.D\n\nThe Board shall adopt regulations to implement the provisions of this section.","order_by":null,"text":{"0":{"id":286037,"text":"As used in this section, “special order” means an administrative order issued to any party licensed or funded by the Department that has a stated duration of not more than 12 months and that may include a civil penalty that shall not exceed $500 per violation per day, prohibition of new admissions, or reduction of licensed capacity for violations of § 37.2-400, the licensing or human rights regulations, or this article.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":286038,"text":"Notwithstanding any other provision of law, following a proceeding as provided in \u00a7 2.2-4019, the Commissioner may issue a special order for a violation of any of the provisions of \u00a7 37.2-400 or any regulation adopted under any provision of \u00a7 37.2-400 or of this article that adversely affects the human rights of individuals receiving services or poses an imminent and substantial threat to the health, safety, or welfare of individuals receiving services. The issuance of a special order shall be considered a case decision as defined in \u00a7 2.2-4001. The Commissioner shall not delegate his authority to impose civil penalties in conjunction with the issuance of special orders. The Commissioner may take the following actions to sanction public and private providers licensed or funded by the Department for noncompliance with \u00a7 37.2-400, the human rights regulations, or this article that are the subject of a special order:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":286039,"text":"Place any service of any such provider on probation upon finding that it is substantially out of compliance with the licensing or human rights regulations and that the health or safety of individuals receiving services is at risk.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":286040,"text":"Reduce licensed capacity or prohibit new admissions when he concludes that the provider cannot or will not make necessary corrections to achieve compliance with licensing or human rights regulations except by a temporary restriction of its scope of service.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":286041,"text":"Require that probationary status announcements and denial or revocation notices be of sufficient size and distinction and be posted in a prominent place at each public entrance of the affected service.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":286042,"text":"Mandate training for the provider’s employees, with any costs to be borne by the provider, when he concludes that the lack of training has led directly to violations of licensing or human rights regulations.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":286043,"text":"Assess civil penalties of not more than $500 per violation per day upon finding that the licensed or funded provider is substantially out of compliance with the licensing or human rights regulations and that the health or safety of individuals receiving services is at risk.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":286044,"text":"Withhold funds from licensed or funded providers receiving public funds that are in violation of the licensing or human rights regulations upon finding that the licensed or funded provider is substantially out of compliance and that the health or safety of individuals receiving services is at risk.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"8":{"id":286045,"text":"The Commissioner shall inform other public agencies that provide funds to a provider, including the Departments of Social Services and Medical Assistance Services, that a special order has been issued in accordance with this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6","next_prefix":"D"},"9":{"id":286046,"text":"The Board shall adopt regulations to implement the provisions of this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-419\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapter 969<\/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 4 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 2001, chapters 486<\/a> and 506<\/a>; in 2005, chapter 716<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2014, chapter 497<\/a>.<\/p>","references":[{"id":68841,"section_number":"37.2-405.2","catch_line":"Certain information required of applicants to operate a licensed service","order_by":null,"url":"\/37.2-405.2\/"}],"refers_to":[{"id":83688,"section_number":"2.2-4001","catch_line":"Definitions","order_by":null,"url":"\/2.2-4001\/"},{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"},{"id":58222,"section_number":"37.2-400","catch_line":"Rights of individuals receiving services","order_by":null,"url":"\/37.2-400\/"}],"permalink":{"id":209957,"object_type":"law","relational_id":79849,"identifier":"37.2-419","token":"37.2\/I\/4\/2\/37.2-419","url":"\/37.2-419\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-419\/","token":"37.2\/I\/4\/2\/37.2-419","dublin_core":{"Title":"Human rights and licensing enforcement and sanctions; notice","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-419","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “special order<\/span>” means an administrative order issued to any party<\/span> licensed or funded by the Department<\/span> that has a stated duration of not more than 12 months and that may include a civil penalty<\/span> that shall not exceed $500 per violation per day, prohibition of new admissions, or reduction of licensed capacity for violations of § 37.2-400<\/a>, the licensing or human rights regulations, or this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any other provision of law<\/span>, following a proceeding as provided in \u00a7 2.2-4019<\/a>, the Commissioner<\/span> may issue<\/span> a special order<\/span> for a violation of any of the provisions of \u00a7 37.2-400<\/a> or any regulation adopted under any provision of \u00a7 37.2-400<\/a> or of this article that adversely affects the human rights of individuals<\/span> receiving services or poses an imminent and substantial threat to the health, safety, or welfare of individuals<\/span> receiving services. The issuance of a special order<\/span> shall be considered a case decision as defined in \u00a7 2.2-4001<\/a>. The Commissioner<\/span> shall not delegate his authority<\/span> to impose civil penalties in conjunction with the issuance of special orders<\/span>. The Commissioner<\/span> may take the following actions to sanction<\/span> public and private providers<\/span> licensed or funded by the Department<\/span> for noncompliance with \u00a7 37.2-400<\/a>, the human rights regulations, or this article that are the subject of a special order<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Place any service of any such provider<\/span> on probation<\/span> upon finding<\/span> that it is substantially out of compliance with the licensing or human rights regulations and that the health or safety of individuals<\/span> receiving services is at risk. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Reduce licensed capacity or prohibit new admissions when he concludes that the provider<\/span> cannot or will not make necessary corrections to achieve compliance with licensing or human rights regulations except by a temporary restriction of its scope of service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Require that probationary status announcements and denial or revocation<\/span> notices be of sufficient size and distinction and be posted in a prominent place at each public entrance of the affected service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Mandate<\/span> training for the provider<\/span>’s employees, with any costs to be borne by the provider<\/span>, when he concludes that the lack of training has led directly to violations of licensing or human rights regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Assess civil penalties of not more than $500 per violation per day upon finding<\/span> that the licensed or funded provider<\/span> is substantially out of compliance with the licensing or human rights regulations and that the health or safety of individuals<\/span> receiving services is at risk. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Withhold funds from licensed or funded providers<\/span> receiving public funds that are in violation of the licensing or human rights regulations upon finding<\/span> that the licensed or funded provider<\/span> is substantially out of compliance and that the health or safety of individuals<\/span> receiving services is at risk. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commissioner<\/span> shall inform other public agencies that provide funds to a provider<\/span>, including the Departments<\/span> of Social Services and Medical Assistance Services, that a special order<\/span> has been issued in accordance with this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Board<\/span> shall adopt regulations to implement the provisions of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHUMAN RIGHTS AND LICENSING ENFORCEMENT AND SANCTIONS; NOTICE (\u00a7 37.2-419)\n\nA. As used in this section, “special order” means an administrative\norder issued to any party licensed or funded by the Department that has a stated\nduration of not more than 12 months and that may include a civil penalty that\nshall not exceed $500 per violation per day, prohibition of new admissions, or\nreduction of licensed capacity for violations of § 37.2-400, the licensing\nor human rights regulations, or this article.\n\nB. Notwithstanding any other provision of law, following a proceeding as\nprovided in \u00a7 2.2-4019, the Commissioner may issue a special order for a\nviolation of any of the provisions of \u00a7 37.2-400 or any regulation adopted\nunder any provision of \u00a7 37.2-400 or of this article that adversely affects the\nhuman rights of individuals receiving services or poses an imminent and\nsubstantial threat to the health, safety, or welfare of individuals receiving\nservices. The issuance of a special order shall be considered a case decision as\ndefined in \u00a7 2.2-4001. The Commissioner shall not delegate his authority to\nimpose civil penalties in conjunction with the issuance of special orders. The\nCommissioner may take the following actions to sanction public and private\nproviders licensed or funded by the Department for noncompliance with \u00a7\n37.2-400, the human rights regulations, or this article that are the subject of\na special order:\n\n 1. Place any service of any such provider on probation upon finding that it is\n substantially out of compliance with the licensing or human rights regulations\n and that the health or safety of individuals receiving services is at risk.\n\n 2. Reduce licensed capacity or prohibit new admissions when he concludes that\n the provider cannot or will not make necessary corrections to achieve\n compliance with licensing or human rights regulations except by a temporary\n restriction of its scope of service.\n\n 3. Require that probationary status announcements and denial or revocation\n notices be of sufficient size and distinction and be posted in a prominent\n place at each public entrance of the affected service.\n\n 4. Mandate training for the provider’s employees, with any costs to be\n borne by the provider, when he concludes that the lack of training has led\n directly to violations of licensing or human rights regulations.\n\n 5. Assess civil penalties of not more than $500 per violation per day upon\n finding that the licensed or funded provider is substantially out of\n compliance with the licensing or human rights regulations and that the health\n or safety of individuals receiving services is at risk.\n\n 6. Withhold funds from licensed or funded providers receiving public funds\n that are in violation of the licensing or human rights regulations upon\n finding that the licensed or funded provider is substantially out of\n compliance and that the health or safety of individuals receiving services is\n at risk.\n\nC. The Commissioner shall inform other public agencies that provide funds to a\nprovider, including the Departments of Social Services and Medical Assistance\nServices, that a special order has been issued in accordance with this section.\n\nD. The Board shall adopt regulations to implement the provisions of this\nsection.\n\nHISTORY: 1999, c. 969, \u00a7 37.1-185.1; 2001, cc. 486, 506; 2005, c. 716; 2012,\ncc. 476, 507; 2014, c. 497.","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}}