                                 CODE OF VIRGINIA

CONDITIONS FOR INITIAL LICENSURE OF CERTAIN PROVIDERS (§ 37.2-406)

A. 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.

B. 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&#8217;s proposed location.
			Within 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. 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.

HISTORY: 2004, cc. 823, 845, § 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.