                                 CODE OF VIRGINIA

ENFORCEMENT OF LAWS BY DIRECTOR AND INVESTIGATIVE PERSONNEL; AUTHORITY OF
INVESTIGATIVE PERSONNEL AND DIRECTOR (§ 54.1-2506)

A. The Director and investigative personnel appointed by him shall be sworn to
enforce the statutes and regulations pertaining to the Department and the health
regulatory boards and shall have the authority to investigate any violations of
those statutes and regulations and to the extent otherwise authorized by law
inspect any office or facility operated, owned or employing individuals
regulated by any health regulatory board. The Director or his designee shall
have the power to subpoena witnesses and to request and obtain patient records,
business records, papers, and physical or other evidence in the course of any
investigation or to issue subpoenas requiring the production of such evidence. A
subpoena issued pursuant to this section may be served by (i) any person
authorized to serve process under &#xA7; 8.01-293, (ii) investigative personnel
appointed by the Director, (iii) registered or certified mail or by equivalent
commercial parcel delivery service, or (iv) email or facsimile if requested to
do so by the recipient. Upon failure of any person to comply with a subpoena
duly served, the Director may, pursuant to &#xA7; 54.1-111, request that the
Attorney General or the attorney for the Commonwealth for the jurisdiction in
which the recipient of the subpoena resides, is found, or transacts business
seek enforcement of the subpoena in such jurisdiction.

B. All investigative personnel shall be vested with the authority to (i)
administer oaths or affirmations for the purpose of receiving complaints of
violations of this subtitle, (ii) serve and execute any warrant, paper or
process issued by any court or magistrate, the Director or in his absence a
designated subordinate, or by any regulatory board under the authority of the
Director, (iii) request and receive criminal history information under the
provisions of &#xA7; 19.2-389, and (iv) request and receive social security
numbers from practitioners or federal employee identification numbers from
facilities.

C. The Director shall have the authority to issue summonses for violations of
statutes and regulations governing the unlicensed practice of professions
regulated by the Department. The Director may delegate such authority to
investigators appointed by him. In the event a person issued such a summons
fails or refuses to discontinue the unlawful acts or refuses to give a written
promise to appear at the time and place specified in the summons, the
investigator may appear before a magistrate or other issuing authority having
jurisdiction to obtain a criminal warrant pursuant to &#xA7; 19.2-72.

HISTORY: 1980, c. 678, § 54-960; 1986, c. 564; 1988, c. 765; 1993, c. 869;
2003, cc. 753, 762; 2008, c. 37; 2011, c. 50; 2018, c. 466; 2025, c. 341.