                                 CODE OF VIRGINIA

DEPARTMENT TO ADMINISTER; POWERS AND DUTIES OF DEPARTMENT; PENALTIES FOR
VIOLATION (§ 54.1-2412)

A. In addition to its other powers and duties, the Department of Health
Professions shall administer the provisions of this chapter.

B. The Department shall promulgate, pursuant to the Administrative Process Act
(§ 2.2-4000 et seq.), regulations to:

   1. Establish standards, procedures, and criteria which are reasonable and
   necessary for the effective administration of this chapter;

   2. Establish standards, procedures, and criteria for determining compliance
   with, exceptions to, and violations of the provisions of &#xA7; 54.1-2411;

   3. Establish standards, procedures, and criteria for advising practitioners
   and entities of the applicability of this chapter to activities and
   investments;

   4. 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 &#xA7; 54.1-2411;

   5. 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;

   6. Establish standards, procedures, and criteria for granting exceptions from
   the prohibitions set forth in this chapter; and

   7. Establish such other regulations as may reasonably be needed to administer
   this chapter.

C. 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 &#xA7; 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. 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 &#xA7; 54.1-2401.

HISTORY: 1993, c. 869; 2025, c. 341.