{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2412.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2412.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2412.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2412.html"}],"law_id":63182,"edition_id":1,"section_id":63182,"structure_id":13237,"section_number":"54.1-2412","catch_line":"Department to administer; powers and duties of Department; penalties for violation","history":"1993, c. 869; 2025, c. 341.","full_text":"A\n\nIn addition to its other powers and duties, the Department of Health Professions shall administer the provisions of this chapter.B\n\nThe Department shall promulgate, pursuant to the Administrative Process Act (\u00a7 2.2-4000 et seq.), regulations to:1\n\nEstablish standards, procedures, and criteria which are reasonable and necessary for the effective administration of this chapter;2\n\nEstablish standards, procedures, and criteria for determining compliance with, exceptions to, and violations of the provisions of § 54.1-2411;3\n\nEstablish standards, procedures, and criteria for advising practitioners and entities of the applicability of this chapter to activities and investments;4\n\nLevy and collect fees for processing requests for exceptions from the prohibitions set forth in this chapter and for authorization to make referrals pursuant to subsection B of § 54.1-2411;5\n\nEstablish standards, procedures, and criteria for review and referral to the appropriate health regulatory board of all reports of investigations of alleged violations of this chapter by practitioners and for investigations and determinations of violations of this chapter by entities;6\n\nEstablish standards, procedures, and criteria for granting exceptions from the prohibitions set forth in this chapter; and7\n\nEstablish such other regulations as may reasonably be needed to administer this chapter.C\n\nUpon a determination of a violation by the Department, pursuant to the Administrative Process Act, any entity, other than a practitioner, that presents or causes to be presented a bill or claim for services that the entity knows or has reason to know is prohibited by § 54.1-2411 shall be subject to a monetary penalty of no more than $20,000 per referral, bill, or claim. The monetary penalty may be sued for and recovered in the name of the Commonwealth. All such monetary penalties shall be deposited in the Literary Fund.D\n\nAny violation of this chapter by a practitioner shall constitute grounds for disciplinary action as unprofessional conduct by the appropriate health regulatory board within the Department of Health Professions. Sanctions for violation of this chapter may include, but are not limited to, the monetary penalty authorized in § 54.1-2401.","order_by":null,"text":{"0":{"id":230380,"text":"In addition to its other powers and duties, the Department of Health Professions shall administer the provisions of this chapter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":230381,"text":"The Department shall promulgate, pursuant to the Administrative Process Act (\u00a7 2.2-4000 et seq.), regulations to:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":230382,"text":"Establish standards, procedures, and criteria which are reasonable and necessary for the effective administration of this chapter;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":230383,"text":"Establish standards, procedures, and criteria for determining compliance with, exceptions to, and violations of the provisions of § 54.1-2411;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":230384,"text":"Establish standards, procedures, and criteria for advising practitioners and entities of the applicability of this chapter to activities and investments;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":230385,"text":"Levy and collect fees for processing requests for exceptions from the prohibitions set forth in this chapter and for authorization to make referrals pursuant to subsection B of § 54.1-2411;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":230386,"text":"Establish standards, procedures, and criteria for review and referral to the appropriate health regulatory board of all reports of investigations of alleged violations of this chapter by practitioners and for investigations and determinations of violations of this chapter by entities;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":230387,"text":"Establish standards, procedures, and criteria for granting exceptions from the prohibitions set forth in this chapter; and","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":230388,"text":"Establish such other regulations as may reasonably be needed to administer this chapter.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"C"},"9":{"id":230389,"text":"Upon a determination of a violation by the Department, pursuant to the Administrative Process Act, any entity, other than a practitioner, that presents or causes to be presented a bill or claim for services that the entity knows or has reason to know is prohibited by § 54.1-2411 shall be subject to a monetary penalty of no more than $20,000 per referral, bill, or claim. The monetary penalty may be sued for and recovered in the name of the Commonwealth. All such monetary penalties shall be deposited in the Literary Fund.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B7","next_prefix":"D"},"10":{"id":230390,"text":"Any violation of this chapter by a practitioner shall constitute grounds for disciplinary action as unprofessional conduct by the appropriate health regulatory board within the Department of Health Professions. Sanctions for violation of this chapter may include, but are not limited to, the monetary penalty authorized in § 54.1-2401.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13237,"edition_id":1,"name":"Practitioner Self-Referral Act","identifier":"24.1","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:44:30","date_modified":"2026-06-26 03:44:30","permalink":{"id":241285,"object_type":"structure","relational_id":13237,"identifier":"24.1","token":"54.1\/III\/24.1","url":"\/54.1\/III\/24.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87158,"structure_id":13237,"section_number":"54.1-2410","catch_line":"Definitions","url":"\/54.1-2410\/","token":"54.1\/III\/24.1\/54.1-2410","metadata":false},{"id":82894,"structure_id":13237,"section_number":"54.1-2411","catch_line":"Prohibited referrals and payments; exceptions","url":"\/54.1-2411\/","token":"54.1\/III\/24.1\/54.1-2411","metadata":false},{"id":63182,"structure_id":13237,"section_number":"54.1-2412","catch_line":"Department to administer; powers and duties of Department; penalties for violation","url":"\/54.1-2412\/","token":"54.1\/III\/24.1\/54.1-2412","metadata":false},{"id":86817,"structure_id":13237,"section_number":"54.1-2413","catch_line":"Additional conditions related to practitioner-investors","url":"\/54.1-2413\/","token":"54.1\/III\/24.1\/54.1-2413","metadata":false},{"id":54241,"structure_id":13237,"section_number":"54.1-2414","catch_line":"Applicability of chapter; grace period for compliance","url":"\/54.1-2414\/","token":"54.1\/III\/24.1\/54.1-2414","metadata":false}],"previous_section":{"id":82894,"structure_id":13237,"section_number":"54.1-2411","catch_line":"Prohibited referrals and payments; exceptions","url":"\/54.1-2411\/","token":"54.1\/III\/24.1\/54.1-2411","metadata":false},"next_section":{"id":86817,"structure_id":13237,"section_number":"54.1-2413","catch_line":"Additional conditions related to practitioner-investors","url":"\/54.1-2413\/","token":"54.1\/III\/24.1\/54.1-2413","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2412\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 869 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 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2025, chapter 341<\/a>.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":81191,"section_number":"54.1-2401","catch_line":"Monetary penalty","order_by":null,"url":"\/54.1-2401\/"},{"id":82894,"section_number":"54.1-2411","catch_line":"Prohibited referrals and payments; exceptions","order_by":null,"url":"\/54.1-2411\/"}],"permalink":{"id":241295,"object_type":"law","relational_id":63182,"identifier":"54.1-2412","token":"54.1\/III\/24.1\/54.1-2412","url":"\/54.1-2412\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2412\/","token":"54.1\/III\/24.1\/54.1-2412","dublin_core":{"Title":"Department to administer; powers and duties of Department; penalties for violation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2412","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to its other powers and duties, the Department<\/span> of Health Professions shall administer the provisions of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> shall promulgate, pursuant to the Administrative Process Act (\u00a7 2.2-4000<\/a> et seq.), regulations to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Establish standards, procedures, and criteria which are reasonable and necessary for the effective administration of this chapter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Establish standards, procedures, and criteria for determining compliance with, exceptions to, and violations of the provisions of § 54.1-2411<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Establish standards, procedures, and criteria for advising practitioners<\/span> and entities of the applicability of this chapter to activities and investments; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Levy<\/span> and collect fees for processing requests for exceptions from the prohibitions set forth in this chapter and for authorization to make referrals<\/span> pursuant to subsection B of § 54.1-2411<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Establish standards, procedures, and criteria for review and referral<\/span> to the appropriate health regulatory board of all reports of investigations of alleged violations of this chapter by practitioners<\/span> and for investigations and determinations of violations of this chapter by entities; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Establish standards, procedures, and criteria for granting exceptions from the prohibitions set forth in this chapter; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Establish such other regulations as may reasonably be needed to administer this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon a determination of a violation by the Department<\/span>, pursuant to the Administrative Process Act, any entity<\/span>, other than a practitioner<\/span>, that presents or causes to be presented a bill or claim for services that the entity<\/span> knows or has reason to know is prohibited by § 54.1-2411<\/a> shall be subject to a monetary penalty<\/span> of no more than $20,000 per referral<\/span>, bill, or claim. The monetary penalty<\/span> may be sued for and recovered in the name of the Commonwealth. All such monetary penalties shall be deposited in the Literary Fund. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any violation of this chapter by a practitioner<\/span> shall constitute grounds for disciplinary action as unprofessional conduct by the appropriate health regulatory board within the Department<\/span> of Health Professions. Sanctions<\/span> for violation of this chapter may include, but are not limited to, the monetary penalty<\/span> authorized in § 54.1-2401<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEPARTMENT TO ADMINISTER; POWERS AND DUTIES OF DEPARTMENT; PENALTIES FOR\nVIOLATION (\u00a7 54.1-2412)\n\nA. In addition to its other powers and duties, the Department of Health\nProfessions shall administer the provisions of this chapter.\n\nB. The Department shall promulgate, pursuant to the Administrative Process Act\n(\u00a7 2.2-4000 et seq.), regulations to:\n\n 1. Establish standards, procedures, and criteria which are reasonable and\n necessary for the effective administration of this chapter;\n\n 2. Establish standards, procedures, and criteria for determining compliance\n with, exceptions to, and violations of the provisions of § 54.1-2411;\n\n 3. Establish standards, procedures, and criteria for advising practitioners\n and entities of the applicability of this chapter to activities and\n investments;\n\n 4. Levy and collect fees for processing requests for exceptions from the\n prohibitions set forth in this chapter and for authorization to make referrals\n pursuant to subsection B of § 54.1-2411;\n\n 5. Establish standards, procedures, and criteria for review and referral to\n the appropriate health regulatory board of all reports of investigations of\n alleged violations of this chapter by practitioners and for investigations and\n determinations of violations of this chapter by entities;\n\n 6. Establish standards, procedures, and criteria for granting exceptions from\n the prohibitions set forth in this chapter; and\n\n 7. Establish such other regulations as may reasonably be needed to administer\n this chapter.\n\nC. Upon a determination of a violation by the Department, pursuant to the\nAdministrative Process Act, any entity, other than a practitioner, that presents\nor causes to be presented a bill or claim for services that the entity knows or\nhas reason to know is prohibited by § 54.1-2411 shall be subject to a\nmonetary penalty of no more than $20,000 per referral, bill, or claim. The\nmonetary penalty may be sued for and recovered in the name of the Commonwealth.\nAll such monetary penalties shall be deposited in the Literary Fund.\n\nD. Any violation of this chapter by a practitioner shall constitute grounds for\ndisciplinary action as unprofessional conduct by the appropriate health\nregulatory board within the Department of Health Professions. Sanctions for\nviolation of this chapter may include, but are not limited to, the monetary\npenalty authorized in § 54.1-2401.\n\nHISTORY: 1993, c. 869; 2025, c. 341.","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}}