Va. Code Ann. § 32.1-122.7 — Virginia Code / Title 32.1 / Chapter 4 / Article 6 / Section 32.1-122.7
Virginia Health Workforce Development Authority; purpose
Status: in_force

A. There is hereby created as a public body corporate and as a political subdivision of the Commonwealth the Virginia Health Workforce Development Authority (the Authority), with such public and corporate powers as are set forth in § 32.1-122.7:2 . The Authority is hereby constituted as a public instrumentality, exercising public and essential governmental functions with the power and purpose to provide for the health, welfare, convenience, knowledge, benefit, and prosperity of the residents of the Commonwealth and such other persons who might be served by the Authority. The Authority is established to move the Commonwealth forward in achieving its vision of ensuring a quality health workforce for all Virginians.

B. The mission of the Authority is to facilitate the development of a statewide health professions pipeline that identifies, educates, recruits, and retains a diverse, appropriately geographically distributed, and culturally competent quality workforce. The mission of the Authority is accomplished by (i) providing the statewide infrastructure required for health workforce needs assessment and planning that maintains engagement by health professions training programs in decision making and program implementation; (ii) serving as the advisory board and setting priorities for the Virginia Area Health Education Centers Program; (iii) coordinating with and serving as a resource to relevant state, regional, and local entities, including the Department of Health Professions Workforce Data Center, the Joint Legislative Audit and Review Commission, the Joint Commission on Health Care, the Behavioral Health Commission, the Southwest Virginia Health Authority, or any similar regional health authority that may be developed; (iv) informing state and local policy development as it pertains to health care delivery, training, and education; (v) identifying and promoting evidence-based strategies for health workforce pipeline development and interdisciplinary health care service models, particularly those affecting rural and other underserved areas; (vi) supporting communities in their health workforce recruitment and retention efforts and developing partnerships and promoting models of participatory engagement with business and community-based and social organizations to foster integration of health care training and education; (vii) setting priorities for and evaluating graduate medical education programs overseen by the Commonwealth; (viii) advocating for programs that will result in reducing the debt load of newly trained health professionals; (ix) setting priorities for and managing the Virginia Health Care Career and Technical Training and Education Fund; (x) identifying high priority target areas within each region of the Commonwealth and working toward health workforce development initiatives that improve health measurably in those areas; (xi) fostering or creating innovative health workforce development models that provide both health and economic benefits to the regions they serve; (xii) developing strategies to increase diversity in the health workforce by examining demographic data on race and ethnicity in training programs and health professional licensure; (xiii) identifying ways to leverage technology to increase access to health workforce training and health care delivery; (xiv) developing a centralized health care careers roadmap in partnership with the Department of Health Professions that includes information on both licensed and unlicensed professions and that is disseminated to the Commonwealth's health care workforce stakeholders to raise awareness about available career pathways; and (xv) setting priorities for managing the Virginia Nursing Workforce Center established pursuant to subsection C of § 32.1-122.7:2 .

1990, cc. 874, 877; 1997, c. 329 ; 2000, c. 480 ; 2010, cc. 187 , 488 ; 2021, Sp. Sess. I, c. 264 ; 2024, cc. 754 , 761 ; 2026, cc. 25 , 430 .
Va. Code Ann. § 32.1-36.1 — Virginia Code / Title 32.1 / Chapter 2 / Article 1 / Section 32.1-36.1
Confidentiality of test for human immunodeficiency virus; civil penalty; individual action for damages or penalty
Status: in_force

A. The results of every test to determine infection with human immunodeficiency virus shall be confidential. Such information may be released only to persons or entities permitted or authorized to obtain protected health information under any applicable federal or state law.

B. In any action brought under this section, if the court finds that a person has willfully or through gross negligence made an unauthorized disclosure in violation of this section, the Attorney General, any attorney for the Commonwealth, or any attorney for the county, city or town in which the violation occurred may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $5,000 per violation.

C. Any person who is the subject of an unauthorized disclosure pursuant to this section shall be entitled to initiate an action to recover actual damages, if any, or $100, whichever is greater. In addition, such person may also be awarded reasonable attorney's fees and court costs.

D. This section shall not be deemed to create any duty on the part of any person who receives such test results, where none exists otherwise, to release the results to a person listed herein as authorized to receive them.

1989, c. 613; 1990, c. 777; 1993, cc. 97, 664; 2017, c. 178 .
Va. Code Ann. § 32.1-360 — Virginia Code / Title 32.1 / Chapter 14 / Section 32.1-360
Virginia Tobacco Settlement Fund
Status: in_force

There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Tobacco Settlement Fund. The Fund shall be established on the books of the Comptroller. Subject to the sale of all or any portion of the Foundation Allocation, 10 percent of the annual amount received by the Commonwealth from the Master Settlement Agreement shall be paid into the state treasury and credited to the Fund. In the event of such sale (i) the Foundation Allocation shall be paid in accordance with the agreement for the period of sale and (ii) the fund shall receive amounts withdrawn from the Endowment in accordance with § 32.1-361.1 . Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes described in this chapter. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written authorization signed by the chairman of the Board or his designee. Moneys in the Fund shall be used for the purposes of (a) discouraging, eliminating or preventing the use of tobacco products by minors, including but not limited to, educational and awareness programs on the health effects of tobacco use on minors and laws restricting the distribution of tobacco products to minors; (b) reducing childhood obesity, including but not limited to educational and awareness programs, implementing evidence-based practices, and assisting schools and communities with related policies and programs; and (c) preventing and reducing substance use by youth in the Commonwealth, including but not limited to educational and awareness programs, implementing evidence-based practices, and assisting schools and communities with related policies and programs.

1999, cc. 880 , 962 ; 2007, c. 345 ; 2009, cc. 424 , 554 ; 2017, cc. 60 , 109 .
Va. Code Ann. § 32.1-111.12 — Virginia Code / Title 32.1 / Chapter 4 / Article 2.1 / Section 32.1-111.12
Virginia Rescue Squads Assistance Fund; disbursements
Status: in_force

A. For the purpose of providing financial assistance to emergency medical services organizations in the Commonwealth, of providing the requisite training for emergency medical services personnel, and of purchasing equipment needed by such organizations, there is hereby created in the Department of the Treasury a special nonreverting fund that shall be known as the Virginia Rescue Squads Assistance Fund. The Fund shall be established on the books of the Comptroller, and any moneys remaining in such Fund at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Interest earned on such moneys shall remain in the Fund and be credited to it. The Fund shall consist of any moneys appropriated for this purpose by the General Assembly and any other moneys received for such purpose by the Board. On and after July 1, 1996, any such moneys unexpended at the end of a fiscal biennium shall remain in the Fund and shall not revert to the general fund.

B. In accordance with regulations of the Board, the Commissioner shall disburse and expend the moneys in the Virginia Rescue Squads Assistance Fund. No moneys shall be disbursed directly to any emergency medical services organization unless such organization operates on a nonprofit basis exclusively for the benefit of the general public.

1996, c. 899 ; 2015, cc. 502 , 503 .
Va. Code Ann. § 32.1-138.10 — Virginia Code / Title 32.1 / Chapter 5 / Article 2.1 / Section 32.1-138.10
Expiration; renewal
Status: in_force

Each certificate of registration shall expire on the second anniversary of its effective date unless the certificate of registration is renewed for a two-year term as provided in this section. The Department shall renew the certificate of registration for an additional two-year term if the applicant is otherwise entitled to the certificate of registration, pays to the Department the renewal fee set by regulations, submits to the Department a renewal application on a form prescribed by the Department, submits satisfactory assurances of compliance with the requirements of this article and updates information on file with the Department pursuant to this section.

1990, c. 826, § 38.2-5303; 1998, c. 129 .
Va. Code Ann. § 32.1-292.2 — Virginia Code / Title 32.1 / Chapter 8 / Article 2 / Section 32.1-292.2
The Virginia Donor Registry
Status: in_force

A. In order to save lives by reducing the shortage of organs and tissues for transplantation and to implement cost savings for patients and various state agencies by eliminating needless bureaucracy, there is hereby established the Virginia Donor Registry (hereinafter referred to as the Registry), which shall be created, compiled, operated, maintained, and modified as necessary by the Virginia Transplant Council in accordance with the regulations of the Board of Health and the administration of the Department of Health. At its sole discretion, the Virginia Transplant Council may contract with a third party or parties to create, compile, operate, maintain or modify the Registry. Pertinent information on all Virginians who have indicated a willingness to donate organs and tissues in accordance with the Revised Uniform Anatomical Gift Act (§ 32.1-291.1 et seq.) shall be compiled, maintained, and modified as necessary in the Registry by the Virginia Transplant Council.

B. The Registry and all information therein shall be confidential and subject to access only by personnel of the Department of Health and designated organ procurement organizations, eye banks, and tissue banks, operating in or serving Virginia that are members of the Virginia Transplant Council, for the purpose of identifying and determining the suitability of a potential donor according to the provisions of subdivision B 4 of § 32.1-127 or subsection G of § 46.2-342 .

C. The purpose of the Registry shall include, but not be limited to:

1. Providing a means of recovering an anatomical gift for transplantation, therapy, education or research as authorized by the Revised Uniform Anatomical Gift Act (§ 32.1-291.1 et seq.) and subsection G of § 46.2-342 ; and

2. Collecting data to develop and evaluate the effectiveness of educational initiatives promoting organ, eye, and tissue donation that are conducted or coordinated by the Virginia Transplant Council or its members.

D. The Board, in consultation with the Virginia Transplant Council, shall promulgate regulations necessary to create, compile, operate, maintain, modify as necessary, and administer the Virginia Donor Registry. The regulations shall include, but not be limited to:

1. Recording the data subject's full name, address, sex, birth date, age, driver's license number or unique identifying number, and other pertinent identifying personal information;

2. Authorizing the Virginia Transplant Council to analyze Registry data under research protocols that are designed to identify and assess the effectiveness of mechanisms to promote and increase organ, eye, and tissue donation within the Commonwealth; and

3. Providing that any Virginian whose name has been placed in the registry may have his name deleted by filing an appropriate form with the Virginia Transplant Council or in accordance with the Revised Uniform Anatomical Gift Act (§ 32.1-291.1 et seq.).

2000, cc. 481 , 490 ; 2006, c. 166 ; 2007, cc. 92 , 907 ; 2008, c. 82 ; 2009, c. 834 ; 2010, cc. 25 , 55 ; 2016, cc. 135 , 743 .
Va. Code Ann. § 32.1-22 — Virginia Code / Title 32.1 / Chapter 1 / Article 3 / Section 32.1-22
Personnel; Deputy Commissioner
Status: in_force

A. The Commissioner may employ such personnel as are necessary for the proper performance of his duties as executive officer of the Board.

B. The Commissioner, subject to the approval of the Board, may appoint a Deputy Commissioner of Health who shall meet the qualifications for appointment as Commissioner and who may exercise the powers and perform the duties of the Commissioner in the case of the absence or inability to act of the Commissioner.

Code 1950, § 32-31; 1979, c. 711.
Va. Code Ann. § 32.1-238.6:1 — Virginia Code / Title 32.1 / Chapter 6 / Article 8.2 / Section 32.1-238.6:1
Repealed
Status: repealed

Repealed by Acts 1988, c. 891.
Va. Code Ann. § 32.1-134.01 — Virginia Code / Title 32.1 / Chapter 5 / Article 1 / Section 32.1-134.01
Certain information required for maternity patients
Status: in_force

Every licensed nurse midwife, licensed midwife, or hospital providing maternity care shall, prior to releasing each maternity patient, make available to such patient and, if present, to the other parent of the infant and other relevant family members or caretakers, information about the incidence of postpartum blues, perinatal depression, and perinatal anxiety; information to increase awareness of shaken baby syndrome and the dangers of shaking infants; and information about safe sleep environments for infants that is consistent with current information available from the American Academy of Pediatrics. This information shall be discussed with the maternity patient and the other parent of the infant and other relevant family members or caretakers who are present at discharge.

2003, c. 647 ; 2005, c. 518 ; 2015, c. 296 ; 2019, c. 433 ; 2020, c. 900 .
Va. Code Ann. § 32.1-111.5:2 — Virginia Code / Title 32.1 / Chapter 4 / Article 2.1 / Section 32.1-111.5:2
Emergency medical services personnel Alzheimer's disease and dementia training
Status: in_force

A. Each emergency medical services agency shall develop curricula for Alzheimer's disease and dementia training for its personnel, which shall include training regarding the following: the identification of, communication with, and facilitation of the safe return of individuals diagnosed with Alzheimer's disease and dementia, which shall include (i) techniques for respectful and effective communication with individuals with Alzheimer's disease and dementia and their caregivers; (ii) techniques for addressing the behavioral symptoms of Alzheimer's disease and dementia, including alternatives to physical restraint; (iii) protocols for identifying and reporting incidents of abuse, neglect, and exploitation of individuals with Alzheimer's disease and dementia to adult protective services; (iv) protocols for contacting caregivers when an individual with Alzheimer's disease or dementia is found wandering or during an emergency or crisis situation; (v) a reference list of local resources available for individuals with Alzheimer's disease and dementia; and (vi) a reference list of local and national organizations that assist law-enforcement personnel with locating missing and wandering individuals with Alzheimer's disease and dementia and returning them to their caregivers.

B. Any emergency medical services agency may develop the Alzheimer's disease and dementia training curricula in conjunction with other emergency medical services agencies or emergency medical services personnel stakeholder groups or may use any training program, developed by any entity that satisfies the criteria set forth in subsection A.

C. Emergency medical services personnel who receive Alzheimer's disease and dementia training in accordance with this section shall receive appropriate continuing education credits from the Office of Emergency Medical Services.

2024, c. 698 .
Va. Code Ann. § 32.1-317 — Virginia Code / Title 32.1 / Chapter 9 / Article 1 / Section 32.1-317
Collecting excess payment for services; charging, soliciting, accepting or receiving certain consideration as precondition for admittance to facility or requirement for continued stay; penalty
Status: in_force

When the cost of services provided in a facility or by an individual to a patient is paid for, in whole or in part, under medical assistance, any person who:

1. Knowingly and willfully collects or causes to be collected from a patient for any service provided under medical assistance, money or other consideration at a rate in excess of entitlements established by the Department of Medical Assistance Services; or

2. Knowingly and willfully charges, solicits, accepts or receives, or causes to be charged, solicited, accepted, or received any gift, money, donation or other consideration, other than a charitable, religious or philanthropic contribution from an organization or from a person unrelated to the patient, in addition to any amount otherwise required to be paid under medical assistance:

a. As a precondition of admitting a patient to a hospital, skilled nursing facility or intermediate care facility; or

b. As a requirement for the patient's continued stay in such facility;

shall be guilty of a Class 6 felony. In addition thereto, a fine may be imposed in an amount not to exceed $25,000. The Director of the Department of Medical Assistance Services may terminate or deny a contract to a provider for any violation of this section pursuant to § 32.1-325 .

1981, c. 255; 1985, c. 153; 2010, c. 305 .
Va. Code Ann. § 32.1-134.1 — Virginia Code / Title 32.1 / Chapter 5 / Article 1 / Section 32.1-134.1
When denial, etc., to duly licensed physician of staff membership or professional privileges improper
Status: in_force

It shall be an improper practice for the governing body of a hospital that has 25 beds or more and that is required by state law to be licensed to refuse or fail to act within 60 days of a completed application for staff membership or professional privileges or deny or withhold from a duly licensed physician staff membership or professional privileges in such hospital, or to exclude or expel a physician from staff membership in such hospital or curtail, terminate or diminish in any way a physician's professional privileges in such hospital, without stating in writing the reason or reasons therefor, a copy of which shall be provided to the physician. If the reason or reasons stated are unrelated to standards of patient care, patient welfare, violation of the rules and regulations of the institution or staff, the objectives or efficient operations of the institution, or the character or competency of the applicant, or misconduct in any hospital, it shall be deemed an improper practice.

Any physician licensed in the Commonwealth to practice medicine who is aggrieved by any violation of this section shall have the right to seek an injunction from the circuit court of the city or county in which the hospital alleged to have violated this section is located prohibiting any such further violation. The provisions of this section shall not be deemed to impair or affect any other right or remedy, provided that a violation of this section shall not constitute a violation of the provisions of this article for the purposes of §§ 32.1-27.3 and 32.1-135 .

1979, c. 711; 2025, cc. 166 , 180 .
Va. Code Ann. § 32.1-321.4 — Virginia Code / Title 32.1 / Chapter 9 / Article 2 / Section 32.1-321.4
False statement or representation in applications for eligibility or for use in determining rights to benefits; concealment of facts; criminal penalty
Status: in_force

A. Any person who engages in the following activities, on behalf of himself or another, shall be guilty of larceny and, in addition to the penalties provided in §§ 18.2-95 and 18.2-96 as applicable, may be fined an amount not to exceed $10,000:

1. Knowingly and willfully making or causing to be made any false statement or misrepresentation of a material fact in an application for eligibility, benefits or payments under medical assistance;

2. Knowingly and willfully falsifying, concealing or covering up by any trick, scheme, or device a material fact or causing a material fact to be falsified, concealed, or covered up in such a manner, in connection with an application for eligibility, benefits or payments;

3. Knowingly and willfully concealing or failing to disclose any event affecting the initial or continued right of any individual to any benefits or payment or causing such concealment or failure to disclose such an event with an intent to secure fraudulently such benefits or payment in a greater amount or quantity than is authorized or when no such benefit or payment is authorized;

4. Knowingly and willfully converting or causing to be converted any benefits or payment received pursuant to an application for another person and receipt of benefits or payment on behalf of such other person to use other than for the health and welfare of the other person; or

5. Knowingly and willfully failing to notify or causing another to fail to notify the local department of social services, through whom medical assistance benefits were obtained, of changes in the circumstances of any recipient or applicant which could result in the reduction or termination of medical assistance services.

B. It shall be the duty of the Director of Medical Assistance Services or his designee to enforce the provisions of this section. A warrant or summons may be issued for violations of which the Director or his designee has knowledge. Trial for violation of this section shall be held in the county or city in which the application for medical assistance was made or obtained.

1986, c. 551; 2002, c. 747 ; 2010, c. 305 .
Va. Code Ann. § 32.1-127.1 — Virginia Code / Title 32.1 / Chapter 5 / Article 1 / Section 32.1-127.1
Immunity from liability for routine referral for organ and tissue donation
Status: in_force

Any chief administrative officer of a hospital or his designee who administers the routine referral required by § 32.1-127 and any representative of any organ procurement organization or eye or tissue bank who receives notice of a death or imminent death, determines the suitability of the decedent or patient for organ donation, makes contact with the family of a decedent or patient to request the donation of organs, tissues or eyes, or assists or performs the removal of any donated organs, tissues or eyes shall be immune from civil liability for any act, decision, or omission or statement made in accordance with the provisions of § 32.1-127 , the regulations of the Board, and the provisions of the Health Care Financing Administration's regulations on routine referral and organ donation, unless he was grossly negligent or acted in bad faith or with malicious intent.

1988, cc. 325, 418; 2000, c. 810 .
Va. Code Ann. § 32.1-56 — Virginia Code / Title 32.1 / Chapter 2 / Article 5 / Section 32.1-56
Information to be provided patients
Status: in_force

It shall be the duty of every physician or other person who examines or treats a person having a venereal disease to provide such person with information about the disease, including, as a minimum, the nature of the disease, methods of treatment, measures used in preventing the spread of such disease, and the necessity of tests to ensure that a cure has been accomplished.

Code 1950, § 32-92; 1979, c. 711.
Va. Code Ann. § 32.1-60 — Virginia Code / Title 32.1 / Chapter 2 / Article 5 / Section 32.1-60
Prenatal tests required
Status: in_force

Every physician, physician assistant, or advanced practice registered nurse attending a pregnant woman during gestation shall examine and test such woman for such venereal diseases as the Board may designate within 15 days after beginning such attendance. Every other person permitted by law to attend upon pregnant women but not permitted by law to make such examinations and tests shall cause such examinations and tests to be made by a licensed physician, licensed advanced practice registered nurse, or clinic. Serological tests required by this section may be performed by the Department of General Services, Division of Consolidated Laboratory Services (DCLS).

Code 1950, § 32-104.1; 1950, p. 108; 1979, c. 711; 1980, c. 184; 1984, c. 140; 1993, c. 364; 2004, c. 855 ; 2006, c. 396 ; 2023, c. 183 .
Va. Code Ann. § 32.1-111.14:7 — Virginia Code / Title 32.1 / Chapter 4 / Article 2.1 / Section 32.1-111.14:7
Penalty for disobeying emergency medical services agency chief or other officer in command
Status: in_force

If any person at a fire or medical emergency refuses or neglects to obey any order duly given by the individual having command of the incident in accordance with § 32.1-111.14:5 or 32.1-111.14:6 , he shall, upon conviction of such offense, be fined not to exceed $100.

2015, cc. 502 , 503 .
Va. Code Ann. § 32.1-256 — Virginia Code / Title 32.1 / Chapter 7 / Article 1 / Section 32.1-256
Fees of special registrars
Status: in_force

A. Each special registrar not employed by any federal, state or local agency shall be paid the sum of one dollar for each certificate of birth, death or fetal death registered by him and transmitted to the county or city registrar of vital records.

B. If no birth, death or fetal death is registered by him during any calendar month, such special registrar shall report that fact to the county or city registrar of vital records and shall be paid the sum of one dollar for each such month.

C. The State Registrar shall certify to the treasurer of the county or city quarterly the number of birth, death and fetal death certificates registered by such special registrar, with the name of such special registrar and the amount due. Upon such certification, the fees due such special registrar shall be paid by the treasurer of the appropriate county or city.

Code 1950, §§ 32-353.12, 32-353.13; 1952, c. 705; 1952, Ex. Sess., c. 22; 1960, c. 451; 1979, c. 711; 1983, c. 240.
Va. Code Ann. § 32.1-65.1 — Virginia Code / Title 32.1 / Chapter 2 / Article 7 / Section 32.1-65.1
Critical congenital heart defect screening test required
Status: in_force

In order to prevent disability or death, the Board shall require every hospital in the Commonwealth having a newborn nursery to perform a critical congenital heart defect screening test using pulse oximetry or other Board-approved screening test that is based on standards set forth by the American Academy of Pediatrics on every newborn in its care when such infant is at least 24 hours old but no more than 48 hours old or, in cases in which the infant is discharged from the hospital prior to reaching 24 hours of age, prior to discharging the infant.

Any infant whose parent or guardian objects thereto on the grounds that such tests conflict with his religious practices or tenets shall not be required to receive such screening tests.

The physician or health care provider in charge of the infant's care after delivery shall cause such tests to be performed.

2014, cc. 4 , 175 .
Va. Code Ann. § 32.1-129 — Virginia Code / Title 32.1 / Chapter 5 / Article 1 / Section 32.1-129
Application for license
Status: in_force

Each application for a hospital or nursing home license shall be made on a form prescribed by the Board. The application shall specify the official name and the kind of hospital or nursing home, the location thereof, the name of the person in charge and such additional relevant information as the Board requires.

Code 1950, § 32-303; 1972, c. 824; 1979, c. 711.
Va. Code Ann. § 32.1-232 — Virginia Code / Title 32.1 / Chapter 6 / Article 8 / Section 32.1-232
Radioactive Material Perpetual Care Trust Fund
Status: in_force

A. The Board may require a licensee to deposit funds on an annual basis in a trust fund which shall be known as the Radioactive Material Perpetual Care Trust Fund, when the Board determines that it is probable that the licensee may cease to operate a licensed facility thereby leaving a site containing or associated with licensable radioactive material which will require maintenance, surveillance or other care on a continuing basis.

B. In order to provide for such maintenance, surveillance or other care, the Board may acquire any such site pursuant to § 32.1-230 .

C. The Board may by lease with or license to any person provide for the maintenance, surveillance or other care of any such site. Any lessee or licensee operating under the provisions of this section shall be subject to § 32.1-231 .

D. Each deposit of funds required of a licensee shall be in such amount that interest on the sum of all funds reasonably anticipated as payable by such licensee shall provide an annual amount equal to the anticipated reasonable costs necessary to maintain, monitor and otherwise supervise and care for the site as required in the interest of public health and safety. In arriving at the amount of funds to be deposited, the Board shall consider the nature of the licensed material, size and type of activity, estimated future receipts and estimated future expenses of maintenance, monitoring, and supervision.

E. All accrued interest on funds deposited in the Radioactive Material Perpetual Care Trust Fund is hereby appropriated to the Board and may be expended by the Board to acquire, monitor, maintain, supervise and care for such sites as required to protect the public health and safety on a continuing basis.

F. If a person licensed by any government agency other than the Commonwealth desires to transfer a site to the Board for the purpose of administering or providing perpetual care and if the Board accepts such transfer, a lump-sum deposit shall be made to the Perpetual Care Trust Fund. The amount of such deposit shall be determined by the Board taking into consideration the factors stated in subsection D of this section.

Code 1950, § 32-414.4:2; 1976, c. 652; 1979, c. 711.
Va. Code Ann. § 32.1-19 — Virginia Code / Title 32.1 / Chapter 1 / Article 3 / Section 32.1-19
Duties prescribed by Board
Status: in_force

A. The Commissioner shall perform such duties as the Board may require, in addition to the duties required by law.

B. The Commissioner shall, along with the Superintendent of Public Instruction, work to combat childhood obesity and other chronic health conditions that affect school-age children.

C. The Commissioner shall ensure, in the licensure of health care facilities, that quality of care, patient safety, and patient privacy are the overriding goals of such licensure and related enforcement efforts.

D. The Commissioner shall coordinate the Department's emergency preparedness and response efforts.

E. The Commissioner shall ensure that prevention of disease and protection of public health remain the Department's overriding goals.

F. The Commissioner shall designate a senior staff member of the Department, who shall be a licensed physician, to oversee minority health efforts of the Department.

G. The Commissioner shall designate a senior official of the Department, who shall be a licensed physician or an advanced practice registered nurse, to coordinate all women's health efforts in the Department including, but not limited to, the "Every Woman's Life Program," and other efforts to prevent, detect, and treat breast cancer, cervical cancer, and other diseases that primarily affect women.

Code 1950, § 32-27; 1979, c. 711; 2007, cc. 43 , 55 , 320 , 343 , 793 , 797 ; 2023, c. 183 .
Va. Code Ann. § 32.1-174.1 — Virginia Code / Title 32.1 / Chapter 6 / Article 2 / Section 32.1-174.1
Bonds of permit holders
Status: in_force

A. The Board may by regulation require owners holding or issued permits for waterworks pursuant to this article, to post bonds or deposit funds to be placed in escrow.

B. The Board or the governing body of a county, city or town in which a waterworks is located may request the circuit court having jurisdiction where the waterworks is located to order forfeiture of the owner's bond or escrow account upon revocation of the Waterworks Operation Permit by the Board or Commissioner pursuant to § 32.1-174 .

If the foregoing condition is met, the court shall order forfeiture of such bond or escrow account, in whole or in part, unless the court finds the forfeiture would result in manifest injustice.

C. In addition to ordering such forfeiture, the court may, with the concurrence of the governing body of the county, city or town in which the waterworks is located, place the waterworks in receivership naming the county, city, or town, or any public service authority created by the county, city or town, as receiver.

D. Any sums forfeited pursuant to subsection B shall be paid in the amount of such forfeiture to the county, city or town in which the waterworks is located (i) if the county, city, or town, or a public service authority created by the county, city or town, initiates eminent domain proceedings for the condemnation of the waterworks within one year of the date of the order of forfeiture or (ii) if the county, city, town or public service authority operates the waterworks pursuant to a decree of an appropriate circuit court vesting receivership of the waterworks in the county, city, town or public service authority. If the governing body of the county, city, or town, or a public service authority created by the county, city or town, fails to initiate such condemnation proceedings within one year of the date of forfeiture of any bond or to accept receivership of the waterworks from the circuit court, the funds forfeited shall be paid to the general fund of the Commonwealth.

E. The Board may adopt regulations for determining the amount of the bond or funds to be placed in escrow based upon the number of persons served, the number of connections served, the age and condition of the waterworks system infrastructure, the cost of maintaining, repairing, or replacing the waterworks system infrastructure, and the water supply capacity of the permit holder.

F. No state, local or other governmental agency shall be required to post a bond or deposit funds. The Board may, by regulation, exempt classes of permit holders from such requirements if the Board determines such classes present no significant risks to public health and safety.

G. An acceptable bond for the purposes of this section shall be a bond issued by a fidelity or surety company authorized to do business in Virginia, a personal bond secured by such collateral as the Board may require or a cash bond.

1980, c. 402; 2011, c. 502 .
Va. Code Ann. § 32.1-162.15:1.10 — Virginia Code / Title 32.1 / Chapter 5 / Article 7.2 / Section 32.1-162.15:1.10
Background check upon application for licensure; penalty
Status: in_force

A. Upon application for licensure as a Center, (i) all applicants and (ii) all agents at the time of application who are or will be involved in the day-to-day operations of the Center or who are or will be alone with, in control of, or supervising one or more children shall undergo a background check pursuant to subsection B.

B. Background checks pursuant to subsection A require:

1. A sworn statement or affirmation disclosing whether the person has a criminal conviction or is the subject of any pending criminal charges within or outside the Commonwealth and whether or not the person has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth;

2. A criminal history records check through the Central Criminal Records Exchange pursuant to § 19.2-389 ; and

3. A search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse and neglect.

C. Each person required to have a background check pursuant to subsection A shall submit the background check information required in subsection B to the Commissioner's representative prior to issuance of a license. The applicant shall provide an original criminal record clearance with respect to any barrier crime as defined in § 19.2-392.02 or an original criminal history record from the Central Criminal Records Exchange.

D. Any person making a materially false statement regarding the sworn statement or affirmation provided pursuant to subdivision B 1 is guilty of a Class 1 misdemeanor.

E. If any person specified in subsection A required to have a background check (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth, the Commissioner shall not issue a license. For the purposes of this section, convictions for any barrier crime as defined in § 19.2-392.02 shall include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would be a felony if committed by an adult within or outside the Commonwealth.

F. No person specified in subsection A shall be (i) involved in the day-to-day operations of a Center; (ii) alone with, in control of, or supervising one or more children receiving services from a Center; or (iii) permitted to work in a position that involves direct contact with a person receiving services without first having completed background checks pursuant to subsection B unless such person is directly supervised by another person for whom a background check has been completed in accordance with the requirements of this section.

G. If an applicant is denied licensure because of information from the central registry or convictions appearing on his criminal history record, the Commissioner shall provide a copy of the information obtained from the central registry or the Central Criminal Records Exchange or both to the applicant.

H. Further dissemination of the background check information is prohibited other than to the Commissioner's representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.

2025, c. 451 .
Va. Code Ann. § 32.1-288 — Virginia Code / Title 32.1 / Chapter 8 / Article 1 / Section 32.1-288
Repealed
Status: repealed

Repealed by Acts 2014, c. 228 , cl. 2, effective March 7, 2014.
Va. Code Ann. § 32.1-166.7 — Virginia Code / Title 32.1 / Chapter 6 / Article 1.1 / Section 32.1-166.7
Subpoenas; witnesses; designation of subordinates
Status: in_force

In any matter before it on appeal for hearing and determination, the Review Board or its designated subordinates may compel the attendance of all needed witnesses in like manner as a circuit court, save the Review Board shall not have the power of imprisonment. In taking evidence, the chairman or any member of the Review Board, or its designated subordinates, shall have the power to administer oaths to witnesses. Where a designated subordinate of the Review Board presides over hearings on appeals, such subordinate shall submit recommended findings and a decision to the Review Board pursuant to § 2.2-4020 .

1984, c. 457.
Va. Code Ann. § 32.1-234 — Virginia Code / Title 32.1 / Chapter 6 / Article 8 / Section 32.1-234
Repealed
Status: repealed

Repealed by Acts 1987, c. 666.
Va. Code Ann. § 32.1-331.13 — Virginia Code / Title 32.1 / Chapter 10 / Article 4 / Section 32.1-331.13
Medicaid Prior Authorization Advisory Committee; membership
Status: in_force

The Board shall amend the state plan and promulgate regulations to establish the Medicaid Prior Authorization Advisory Committee, composed of 11 members to be appointed by the Board. Five members shall be physicians, at least three of whom shall care for a significant number of Medicaid patients; four shall be pharmacists, two of whom shall be community pharmacists; one member shall be an individual receiving mental health services; and one member shall be a Medicaid recipient. A quorum for action of the Committee shall consist of six members. The members shall serve at the pleasure of the Board, and vacancies shall be filled in the same manner as the original appointment. The Board shall consider nominations made by The Medical Society of Virginia, the Old Dominion Medical Society, the Psychiatric Society of Virginia, the Virginia Pharmaceutical Association, the National Alliance on Mental Illness of Virginia and the Virginia Mental Health Consumers Association when making appointments to the Committee.

The Committee shall elect its own officers, establish its own procedural rules, and meet as needed or as called by the Board, the Director, or any two members of the Committee. The Department shall provide appropriate staffing to the Committee.

1993, c. 537; 1996, c. 515 ; 2012, cc. 476 , 507 .
Va. Code Ann. § 32.1-222 — Virginia Code / Title 32.1 / Chapter 6 / Article 7 / Section 32.1-222
Return of improperly tagged items; payment of costs of return; failure to pay costs
Status: in_force

Upon a complaint made to the Commissioner as provided in § 32.1-224 , the Commissioner may order the return of any item of bedding or upholstered furniture or any filling material made, remade, renovated, reupholstered, prepared, processed, tagged or not tagged in violation of the provisions of this article to the manufacturer or importer thereof. The manufacturer or importer shall be liable to the person returning such item for the costs of crating, shipping and the invoice price to the purchaser. Failure of a manufacturer or importer to pay such costs to the person returning such item shall be grounds for revocation or suspension of a license issued pursuant to this article.

1979, c. 711; 2003, c. 1003 .
Va. Code Ann. § 32.1-202 — Virginia Code / Title 32.1 / Chapter 6 / Article 5 / Section 32.1-202
Power of counties, cities and towns not limited
Status: in_force

Nothing contained in this article shall in any way limit the power of any county, city or town to regulate by ordinance sanitary conditions in service stations and public gathering places located therein, but no such ordinance may impose requirements less stringent than the regulations of the Board.

Code 1950, § 32-63; 1979, c. 711.
Va. Code Ann. § 32.1-169 — Virginia Code / Title 32.1 / Chapter 6 / Article 2 / Section 32.1-169
Supervision by Board
Status: in_force

A. The Board shall have general supervision and control over all water supplies and waterworks in the Commonwealth insofar as the bacteriological, chemical, radiological, and physical quality of waters furnished for human consumption may affect the public health and welfare and may require that all water supplies be pure water. In exercising such supervision and control, the Board shall recognize the relationship between an owner's financial, technical, managerial, and operational capabilities and his capacity to comply with state and federal drinking water standards.

B. The Board shall adopt regulations establishing maximum contaminant levels (MCLs) in all water supplies and waterworks in the Commonwealth for (i) perfluorooctanoic acid and perfluorooctane sulfonate, and for such other perfluoroalkyl and polyfluoroalkyl substances as the Board deems necessary; (ii) chromium-6; and (iii) 1,4-dioxane. Each MCL shall be protective of public health, including of vulnerable subpopulations, including pregnant and nursing mothers, infants, children, and the elderly, and shall not exceed any MCL or health advisory for the same contaminant adopted by the U.S. Environmental Protection Agency. In establishing such MCLs, the Board shall review the recommendations of any work group convened by the Commissioner after July 1, 2022, to study the occurrence of such contaminants in public drinking water, MCLs adopted by other states, studies and scientific evidence reviewed by such states, material in the Agency for Toxic Substances and Disease Registry of the U.S. Department of Health, and current peer-reviewed scientific studies produced independently or by government agencies.

Code 1950, § 62.1-46; 1964, c. 475; 1968, c. 659; 1977, c. 7; 1979, c. 711; 1994, c. 395 ; 2014, c. 333 ; 2020, c. 1097 ; 2022, c. 585 .
Va. Code Ann. § 32.1-162.15:3 — Virginia Code / Title 32.1 / Chapter 5 / Article 8 / Section 32.1-162.15:3
Services for sexual assault patients; plan required
Status: in_force

A. Every health care facility shall provide written information about local or statewide sexual and domestic violence advocacy services. Such information shall be readily available to adult and pediatric patients.

B. Every hospital shall develop and, upon approval by the Department, implement a plan to provide either sexual assault patient treatment services or sexual assault patient transfer and stabilization services for sexual assault patients.

C. Sexual assault patient treatment plans shall include provisions for (i) the delivery of services described in § 32.1-162.15:4 and (ii) the storage, retention, and dissemination of photographic evidence in accordance with § 32.1-162.15:8 .

D. Sexual assault patient transfer service plans shall include (i) provisions for the delivery of services described in § 32.1-162.15:5 and (ii) the written agreement of a treatment hospital to accept transfer of sexual assault patients.

E. A treatment hospital for which a plan has been approved pursuant to subsection C or a transfer hospital for which a plan has been approved pursuant to subsection D may enter into an agreement for the transfer of pediatric sexual assault patients from the treatment hospital or transfer hospital to an approved pediatric health care facility pursuant to a pediatric sexual assault patient transfer plan. Such plan shall include (i) provisions for the delivery of services described in § 32.1-162.15:6 and (ii) the written agreement of an approved pediatric health care facility to accept transfer of sexual assault patients.

F. Sexual assault patient treatment plans, sexual assault patient transfer plans, and pediatric sexual assault patient transfer plans shall be submitted in a form and in accordance with procedures specified by the Board. The Department shall approve or deny such plans, in writing, within 30 days of receipt of such plans. If the Department denies a plan submitted pursuant to this section, the Department shall provide the hospital with a written statement setting forth the reasons for such denial.

2020, c. 725 ; 2025, cc. 480 , 491 .
Va. Code Ann. § 32.1-125.2 — Virginia Code / Title 32.1 / Chapter 5 / Article 1 / Section 32.1-125.2
Disclosure of other providers of services
Status: in_force

A. 1. Any hospital which has, or is affiliated with or under the common control of a holding company that has, a financial interest in a facility or entity that engages in the provision of health-related outpatient services, appliances or devices of which a patient is in need, or any employee or volunteer associated with such hospital, shall, prior to referring the patient to such type of a facility or entity, provide the patient or his representative with a notice stating in bold print that the services, appliances or devices may be available from other suppliers in the community.

2. As used in this section, "representative" means any member of the immediate family of the patient or any other person acting on his behalf and who is not a health care provider or other person who may profit from such referral.

B. The Attorney General, an attorney for the Commonwealth, the attorney for a city, county or town or any aggrieved patient may cause an action to be brought in the appropriate circuit court in the name of the Commonwealth, of the county, city or town, or of any aggrieved patient, to enjoin any violation of this section. The circuit court having jurisdiction may enjoin such violations, notwithstanding the existence of an adequate remedy at law. When an injunction is issued, the circuit court shall impose a civil fine to be paid to the Literary Fund not to exceed $1,000. In any action under this section, it shall not be necessary that damages be proved.

1988, c. 252.
Va. Code Ann. § 32.1-331 — Virginia Code / Title 32.1 / Chapter 10 / Article 1 / Section 32.1-331
Repealed
Status: repealed

Repealed by Acts 1989, c. 618.
Va. Code Ann. § 32.1-162.15:1.6 — Virginia Code / Title 32.1 / Chapter 5 / Article 7.2 / Section 32.1-162.15:1.6
Issuance or refusal of license; notification; provisional and conditional licenses
Status: in_force

A. Upon completion of the inspection pursuant to § 32.1-162.15:1.5 , the Commissioner shall issue a license to the applicant if (i) the applicant has made adequate provision for such activities, services, and facilities as are reasonably conducive to the welfare of the children over whom he may have custody or control; (ii) at the time of initial application, the applicant has submitted an operating budget and at least one credit reference; (iii) he is, or the officers and agents of the applicant if it is an association, partnership, limited liability company, or corporation are, of good character and reputation; and (iv) the applicant and agents comply with the provisions of this article. Otherwise, the license shall be denied. Immediately upon taking final action, the Commissioner shall notify the applicant of such action.

B. When issuance of a license as a Center has been refused by the Commissioner, the applicant shall not apply again for such license for a period of one year unless the Commissioner in his sole discretion believes that there has been such a change in the conditions on account of which he refused the prior application as to justify considering the new application. If an applicant appeals a decision rendered pursuant to subsection A, the one-year period shall be extended until a final decision has been rendered on appeal.

C. Upon submission of a completed application for renewal of a license, the Commissioner may issue a provisional license to any applicant if the applicant is temporarily unable to comply with all of the licensure requirements. The provisional license may be renewed, but the issuance of a provisional license and any renewals thereof shall be for no longer than six successive months. A copy of the provisional license shall be prominently displayed by the provider at each public entrance of the Center. In addition, the Center shall be required to prominently display next to the posted provisional license a notice that a description of specific violations of licensing standards to be corrected and the deadline for completion of such corrections is available for inspection at the Center and on the Center's website, if applicable.

D. At the discretion of the Commissioner, a conditional license may be issued to an applicant to operate a new facility in order to permit the applicant to demonstrate compliance with licensure requirements. Such conditional license may be renewed, but the issuance of a conditional license and any renewals thereof shall be for no longer than six successive months. A copy of the conditional license shall be prominently displayed by the provider at each public entrance of the Center. In addition, the Center shall be required to prominently display next to the posted conditional license a notice that a description of specific violations of licensing standards to be corrected and the deadline for completion of such corrections is available for inspection at the Center and on the Center's website, if applicable.

2025, c. 451 .
Va. Code Ann. § 32.1-373 — Virginia Code / Title 32.1 / Chapter 20 / Section 32.1-373
Definitions
Status: in_force

As used in this chapter, unless the context requires a different meaning:

"Disposition of assets" means any action undertaken by a nonprofit entity to dispose of control of all or substantially all of its assets pursuant to an agreement of sale, transfer, lease, exchange, option, joint venture, or partnership, or to convert to a for-profit entity or to otherwise restructure the nonprofit entity or its assets, resulting in a change in control or governance of the entity or assets.

"Nonprofit entity" means (i) a foreign or domestic nonstock corporation licensed and subject to regulation under Chapter 42 (§ 38.2-4200 et seq.) of Title 38.2 or (ii) a person that is exempt from taxation under 26 U.S.C. § 501(c)(3) or (4) and is, or owns, one of the following: (a) a hospital licensed under Chapter 5 (§ 32.1-123 et seq.) of this title or Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2; (b) a health maintenance organization licensed under Chapter 43 (§ 38.2-4300 et seq.) of Title 38.2; (c) a nursing home, including a facility known by varying nomenclature or designation such as convalescent home, skilled nursing facility or skilled care facility, intermediate care facility, extended care facility, or certified nursing facility or nursing care facility, licensed under the provisions of Article 1 (§ 32.1-123 et seq.) of Chapter 5; or (d) a facility for the provision of continuing care registered with the State Corporation Commission pursuant to Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2.

1997, c. 615 , § 55-531; 2000, c. 266 ; 2002, c. 516 ; 2005, c. 839 ; 2019, c. 712 .
Va. Code Ann. § 32.1-45.3 — Virginia Code / Title 32.1 / Chapter 2 / Article 3 / Section 32.1-45.3
Repealed
Status: repealed

Repealed by Acts 2015, c. 301 , cl. 1.
Va. Code Ann. § 32.1-125.3 — Virginia Code / Title 32.1 / Chapter 5 / Article 1 / Section 32.1-125.3
Bed capacity and licensure in hospitals designated as critical access hospitals; designation as rural hospital
Status: in_force

A. Any medical care facility licensed as a hospital pursuant to this article that (i) has been certified, as provided in § 32.1-122.07 , as a critical access hospital by the Commissioner of Health in compliance with the certification regulations promulgated by the Health Care Financing Administration pursuant to Title XVIII of the Social Security Act, as amended, and (ii) has, as a result of the critical access certification, been required to reduce its licensed bed capacity to conform to the critical access certification requirement shall, upon termination of its critical access hospital certification, be licensed to operate at the licensed bed capacity in existence prior to the critical access hospital certification without being required to apply for and obtain a certificate of public need for such bed capacity in accordance with Article 1.1 (§ 32.1-102.1 et seq.) of Chapter 4 of this title.

B. Any medical care facility licensed as a hospital shall be considered a rural hospital on and after September 30, 2004, pursuant to 42 U.S.C. § 1395ww (d)(8)(E)(ii)(II), if (i) the hospital is located in an area defined as rural by federal statute or regulation; (ii) the Board of Health defines, in regulation, the area in which the hospital is located as a rural health area or the hospital as a rural hospital; or (iii) the hospital was designated, prior to October 1, 2004, as a Medicare-dependent small rural health hospital, as defined in 42 U.S.C. § 1395ww (d)(5)(G)(iv).

2001, c. 579 ; 2006, c. 378 .
Va. Code Ann. § 32.1-162.15 — Virginia Code / Title 32.1 / Chapter 5 / Article 7.1 / Section 32.1-162.15
Violation; penalties
Status: in_force

Any person owning, establishing, conducting, maintaining, managing or operating a home care organization which is not licensed as required by this article shall be guilty of a Class 6 felony. The Commissioner may request the Office of the Attorney General to petition the circuit court of the jurisdiction in which the nonlicensed home care organization is located for an injunction to cause such nonlicensed home care organization to cease providing services.

1991, c. 695; 2010, c. 790 .
Va. Code Ann. § 32.1-34.1 — Virginia Code / Title 32.1 / Chapter 1 / Article 5 / Section 32.1-34.1
Power to seek and receive donations
Status: in_force

Any health department operating under the provisions of this article is empowered to seek and accept grants, bequests or donations of money and resources from private persons in support of projects conducted under the auspices of the Virginia Health Care Foundation or other preventive or primary health care projects. A separate fund shall be established so as to segregate the amounts appropriated and the amounts bequeathed or contributed thereto. No portion of this fund derived from private contributions or bequests and designated for support of Virginia Health Care Foundation projects shall be used for any other purpose. Any money remaining in this fund at the end of the biennium shall not revert to the general fund but shall remain in the fund described herein. Interest earned on such moneys shall remain in this fund and be credited to it. Money bequeathed or contributed to this fund shall not be used to supplant local or state appropriations.

1995, c. 498 .
Va. Code Ann. § 32.1-111.14:9 — Virginia Code / Title 32.1 / Chapter 4 / Article 2.1 / Section 32.1-111.14:9
Entry of buildings and premises adjoining during a medical emergency
Status: in_force

A. The incident commander at a medical emergency, and his subordinates, upon his order or direction, shall have the right at any time of the day or night to enter any building or upon any premises where a medical emergency is in progress, or any building or premises adjacent thereto for the purpose of providing emergency medical services.

B. The incident commander at a medical emergency, and his subordinates upon his order or direction, shall have the right to remain at the scene of a medical emergency, including remaining in any building or house, for purposes of protecting the property and preventing the public from entry into the premises, until such reasonable time as the owner may resume responsibility for the protection of the property.

2015, cc. 502 , 503 .
Va. Code Ann. § 32.1-325.02 — Virginia Code / Title 32.1 / Chapter 10 / Article 1 / Section 32.1-325.02
Determinations of assets; disclaimers of interests to be considered uncompensated transfers of assets for Medicaid eligibility purposes under certain circumstances
Status: in_force

A. When determining eligibility for medical assistance services, "assets" means, in regard to an individual, all income and resources of the individual and the individual's spouse, including, but not limited to, any income or resources which the individual or such individual's spouse is or becomes entitled to, but does not receive, because of any action by such individual or such individual's spouse, or by a person, including a court or administrative body, with legal authority to act in the place of or on behalf of the individual or such individual's spouse, or by any person, including any court or administrative body, acting at the direction of or upon the request of the individual or such individual's spouse.

B. For the sole purpose of determining eligibility for medical assistance services as provided in this title, Chapter 5 (§ 63.2-500 et seq.) of Title 63.2, and the regulations of the Department of Medical Assistance Services, any disclaimer of succession pursuant to Chapter 26 (§ 64.2-2600 et seq.) of Title 64.2 shall be considered an uncompensated transfer of assets equal to the value of any interest disclaimed by any person who would, by reason of the disclaimer of succession, retain Medicaid eligibility or become eligible for medical assistance within (i) 36 months of the date that the disclaimer instrument is filed with a court of competent jurisdiction when the disclaimer instrument relates to any property other than property passed through a trust or (ii) 60 months of the date that the disclaimer instrument is filed with a court of competent jurisdiction when the disclaimer instrument relates to payments from a trust or portions of a trust.

1994, c. 765 ; 2003, c. 253 .
Va. Code Ann. § 32.1-242 — Virginia Code / Title 32.1 / Chapter 6 / Article 9 / Section 32.1-242
Repealed
Status: repealed

Repealed by Acts 1995, c. 90 .
Va. Code Ann. § 32.1-268.1 — Virginia Code / Title 32.1 / Chapter 7 / Article 5 / Section 32.1-268.1
Compilation and posting of marriage, divorce, and annulment data
Status: in_force

The State Registrar shall compile, publish, and make available to the public aggregate data on the number of marriages, divorces, and annulments from the year 2000 forward that occurred in the Commonwealth. The data shall be organized according to the locality in which the marriage license is issued or in which the divorce or annulment report is certified and shall include the age of the parties. In addition, the data on divorces and annulments shall include information regarding the number of minor children involved. The State Registrar shall post, update, and maintain this information on the Department website. Names, addresses, social security numbers, and any other personal identification information shall not be included.

2005, c. 679 ; 2020, cc. 209 , 210 , 211 .
Va. Code Ann. § 32.1-137.10 — Virginia Code / Title 32.1 / Chapter 5 / Article 1.2 / Section 32.1-137.10
Utilization review plan required
Status: in_force

A. Each utilization review entity subject to this article shall adopt a utilization review plan that contains procedures for complying with the requirements and standards of § 32.1-137.9 and other applicable provisions of this article. Such plan shall contain, at a minimum, the following:

1. Specific procedures to be used in review determinations, including an expedited review of no more than twenty-four hours for review determinations relating to prescriptions for the alleviation of cancer pain;

2. A provision for advance notice to covered persons of any requirements for certification of the health care setting or pre-approval of the necessity of health care service or any other prerequisites to approval of payment;

3. A provision for advance notice to covered persons that compliance with the review process is not a guarantee of benefits or payment under the health benefit plan;

4. A provision for a process for reconsideration of adverse decisions in accordance with § 32.1-137.14 and an appeals process in accordance with § 32.1-137.15 ; and

5. Policies and procedures designed to ensure confidentiality of patient-specific medical records and information in accordance with subsection C of § 32.1-137.12 .

B. Each utilization review entity subject to this chapter shall make available to providers and covered persons, upon written request, a copy of those portions of its utilization review plan relevant to the specific request.

C. The Commissioner shall have the right to determine that an entity has complied with the requirement that the entity adopt a utilization review plan in accordance with subsection A.

1998, c. 891 ; 1999, c. 857 .
Va. Code Ann. § 32.1-73.1 — Virginia Code / Title 32.1 / Chapter 2 / Article 12 / Section 32.1-73.1
Repealed
Status: repealed

Repealed by Acts 2002, c. 60 .
Va. Code Ann. § 32.1-138.6 — Virginia Code / Title 32.1 / Chapter 5 / Article 2.1 / Section 32.1-138.6
Definitions
Status: in_force

In this chapter the following terms have the meanings indicated:

"Certificate of registration" means a certificate of registration granted by the Department of Health to a private review agent.

"Medical director" means a physician licensed to practice medicine in the Commonwealth of Virginia who is an employee of a utilization review organization responsible for compliance with the provisions of this article.

"Physician advisor" means a physician licensed to practice medicine in the Commonwealth of Virginia or under a comparable licensing law of a state of the United States who provides medical advice or information to a private review agent or a utilization review entity in connection with its utilization review activities.

"Private review agent" means a person or entity performing utilization reviews, except that the term shall not include the following entities or employees of any such entity so long as they conduct utilization reviews solely for subscribers, policyholders, members or enrollees:

1. A health maintenance organization authorized to transact business in Virginia; or

2. A health insurer, hospital service corporation, health services plan or preferred provider organization authorized to offer health benefits in this Commonwealth.

"Utilization review" means a system for reviewing the necessity, appropriateness and efficiency of hospital, medical or other health care resources rendered or proposed to be rendered to a patient or group of patients for the purpose of determining whether such services should be covered or provided by an insurer, health services plan, health maintenance organization, or other entity or person. For purposes of this article, "utilization review" shall include, but not be limited to, preadmission, concurrent and retrospective medical necessity determination, and review related to the appropriateness of the site at which services were or are to be delivered. "Utilization review" shall not include (i) any review of issues concerning insurance contract coverage or contractual restrictions on facilities to be used for the provision of services, (ii) any review of patient information by an employee of or consultant to any licensed hospital for patients of such hospital, or (iii) any determination by an insurer as to the reasonableness and necessity of services for the treatment and care of an injury suffered by an insured for which reimbursement is claimed under a contract of insurance covering any classes of insurance defined in §§ 38.2-117 , 38.2-118 , 38.2-119 , 38.2-124 , 38.2-125 , 38.2-126 , 38.2-130 , 38.2-131 , 38.2-132 and 38.2-134 .

"Utilization review program" means a program for conducting utilization reviews by a private review agent.

1990, c. 826, § 38.2-5300; 1995, c. 745 ; 1996, c. 259 ; 1998, c. 129 ; 2000, c. 564 .
Va. Code Ann. § 32.1-41 — Virginia Code / Title 32.1 / Chapter 2 / Article 2 / Section 32.1-41
Anonymity of patients and practitioners to be preserved in use of medical records
Status: in_force

The Commissioner or his designee shall preserve the anonymity of each patient and practitioner of the healing arts whose records are examined pursuant to § 32.1-40 except that the Commissioner, in his sole discretion, may divulge the identity of such patients and practitioners if pertinent to an investigation, research or study. Any person to whom such identities are divulged shall preserve their anonymity.

Code 1950, §§ 32-10.2, 32-10.3; 1960, c. 507; 1979, c. 711.
Va. Code Ann. § 32.1-162.15:7 — Virginia Code / Title 32.1 / Chapter 5 / Article 8 / Section 32.1-162.15:7
Inspections; report required
Status: in_force

A. The Department shall periodically conduct such inspections of hospitals licensed by the Department as may be necessary to ensure that sexual assault patient treatment plans, sexual assault patient transfer plans, and pediatric sexual assault patient transfer plans are implemented in accordance with the requirements of this article.

B. The Department shall report to the Governor and the General Assembly by December 1 of each year on:

1. The name of each hospital that has submitted a sexual assault patient treatment plan, sexual assault patient transfer plan, or pediatric sexual assault patient transfer plan in accordance with the requirements of this section and, for each hospital, the specific type of plan, the date on which the plan was submitted, and the date on which the plan was approved;

2. The name of each hospital that has failed to submit a sexual assault patient treatment plan, sexual assault patient transfer plan, or pediatric sexual assault patient transfer plan in accordance with the requirements of this section;

3. The name of each hospital for which an inspection was performed pursuant to subsection A and for each such hospital, the date of such inspection, and whether the hospital was found to be in compliance with the provisions of the sexual assault patient treatment plan, sexual assault patient transfer plan, or pediatric sexual assault patient transfer plan for such hospital approved by the Department; and

4. For each hospital determined to be out of compliance with the requirements of the sexual assault patient treatment plan, sexual assault patient transfer plan, or pediatric sexual assault patient transfer plan for such hospital approved by the Department, whether a plan of correction was submitted in accordance with the provisions of subsection A.

2020, c. 725 ; 2025, cc. 480 , 491 .
Va. Code Ann. § 32.1-193 — Virginia Code / Title 32.1 / Chapter 6 / Article 4 / Section 32.1-193
Eminent domain
Status: in_force

Each mosquito control commission is vested with the power of eminent domain to the extent necessary to carry out the provisions of this article. Condemnation proceedings shall be instituted and conducted in the name of the mosquito control commission for the district in which such property is located or the district for which its acquisition is deemed necessary and shall be conducted as prescribed by Chapter 2 (§ 25.1-200 et seq.) of Title 25.1.

Code 1950, § 32-384; 1979, c. 711; 2003, c. 940 .
Va. Code Ann. § 32.1-321.3 — Virginia Code / Title 32.1 / Chapter 9 / Article 2 / Section 32.1-321.3
Fraudulently obtaining benefits; liability for fraudulently issued benefits; civil action to recover; penalty
Status: in_force

Any person who, on behalf of himself or another, issues, obtains or attempts to obtain medical assistance benefits by means of (i) knowingly and willfully making or causing to be made any false statement or false representation of material fact; (ii) knowingly and willfully concealing or causing to be concealed a material fact; or (iii) engaging in any other fraudulent scheme or device shall be liable for repayment of the cost of all benefits issued as a result of such fraud, plus interest on the amount of the benefits issued at the rate of 1.5 percent per month for the period from the date upon which payment was made for such benefits to the date on which repayment is made to the Commonwealth.

Such matters may be referred for criminal action to the attorney for the Commonwealth having jurisdiction over the case. The Attorney General may, independent of any referral to or decision of the attorney for the Commonwealth, petition the circuit court in the jurisdiction of the alleged offense to seek an order assessing civil penalties in the amount of the benefits issued, in addition to repayment and interest and any other penalties provided by law.

All civil penalties shall be deposited in the general fund of the state treasury upon receipt.

1986, c. 551; 1996, cc. 941 , 991 ; 2010, c. 305 .
Va. Code Ann. § 32.1-27.3 — Virginia Code / Title 32.1 / Chapter 1 / Article 4 / Section 32.1-27.3
Sanctions; civil penalty
Status: in_force

A. Notwithstanding any other provision of law, the Commissioner may impose sanctions in accordance with this section on any nursing home that is licensed pursuant to Chapter 5 (§ 32.1-123 et seq.) in response to findings made during a state licensure inspection conducted within the previous 24 months and for which such findings have been communicated to the nursing home within 14 business days of the survey end date for:

1. Violating any order of or refusing, failing, or neglecting to comply with any order of the Board or Commissioner, or violating any provision of Chapter 5 (§ 32.1-123 et seq.) or of any applicable regulation promulgated pursuant to Chapter 5 (§ 32.1-123 et seq.); or

2. Permitting, aiding, or abetting the commission of any illegal act during the provision of health care services delivered by such nursing home.

B. No sanctions under this section shall be imposed for violations deemed more severe than a level 2 deficiency under the Centers for Medicare and Medicaid Services deficiency severity definitions under federal law.

C. The sanctions that the Commissioner may impose pursuant to subsection A shall include the following:

1. Placing on probation any license issued pursuant to Chapter 5 (§ 32.1-123 et seq.); and

2. Imposing a civil penalty not to exceed $500 per violation per day, capped at $10,000 for a series of related incidents of noncompliance. Any civil penalties collected by the Commissioner pursuant to this subdivision shall be paid to the Nursing Scholarship and Loan Repayment Fund established pursuant to § 54.1-3011.2 to be used for the nursing scholarship and loan repayment program for nurses who agree to perform a period of service in a Commonwealth long-term care facility established pursuant to subsection B of § 32.1-122.6:01 .

D. A nursing home sanctioned by the Commissioner pursuant to subsection C shall retain responsibility for the health, safety, and welfare of any person under such nursing home's care, including the timely transfer or relocation of any persons under such nursing home's care as may be deemed necessary by the Commissioner.

1. Prior to imposing sanctions pursuant to subsection C, the Commissioner shall first require the submission of and compliance with a plan of correction. Such plan of correction shall include mandated training for the nursing home's employees, with all costs borne by the facility, when the Commissioner concludes that the lack of training has led directly to noncompliance.

2. Upon expiration of the initial plan of correction, the Commissioner may extend the time period for the plan of correction or may impose sanctions pursuant to subsection C.

E. The Commissioner shall impose a sanction pursuant to subsection C only after the person subject to such disciplinary action is provided reasonable notice and an opportunity to be heard within no fewer than 30 days from the day of such notice by the Commissioner's presiding officer in accordance with § 2.2-4019 . Such sanction may be in addition to any penalty imposed by law for the violation for which such sanction is imposed.

1. All requests for an opportunity to be heard following a notice of the imposition of such sanction shall be received in writing within 15 days of the date of receipt of such notice.

2. All administrative proceedings under this section shall be separate from the regulatory office of the Department that conducted the inspection, investigation, examination, or review.

3. The adjudication officer shall provide a recommendation to the Commissioner, including findings of fact, conclusions, and appropriate disciplinary action.

4. The Commissioner may affirm, modify, or reverse such recommendation and shall issue a final case decision.

5. Any person aggrieved by the final case decision of the Commissioner to impose disciplinary action is entitled to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

F. If a nursing home has been sanctioned by the Centers for Medicare and Medicaid Services for conduct that also subjects the nursing home to sanctions pursuant to subsection A, the Commissioner shall not issue a sanction under this section. If the Centers for Medicare and Medicaid Services fail to issue a sanction to a nursing home in the Commonwealth for conduct described in subsection A within 60 days, the Commissioner may issue a sanction under this section if he determines that issuing such sanction is necessary to protect the public health and welfare or the health and safety of the nursing home's clients. In the event the Centers for Medicare and Medicaid Services issue a sanction on a violation for which the Commissioner has issued a sanction pursuant to this section, the sanction issued by the Commissioner shall be nullified with any civil penalty imposed refunded to the nursing home within 60 days.

G. If a license of any nursing home issued pursuant to Chapter 5 (§ 32.1-123 et seq.) is revoked, a new license may be issued by the Commissioner after:

1. Satisfactory evidence is submitted to him that the conditions upon which revocation was based have been corrected; and

2. Proper inspection has been made and compliance with all provisions of Chapter 5 (§ 32.1-123 et seq.) and applicable state and federal laws and regulations hereunder has been obtained.

H. The Board shall promulgate regulations to implement the provisions of this section that include:

1. Criteria for when the imposition of sanctions or initiation of court proceedings as specified in § 32.1-27 , 32.1-27.1 , or a combination thereof are appropriate in order to ensure prompt correction of violations involving noncompliance with requirements of any order of the Board or Commissioner or any provision of or regulation promulgated pursuant to Chapter 5 (§ 32.1-123 et seq.);

2. Criteria for the imposition of sanctions;

3. A schedule of civil penalties, which shall be uniform for each type of specific violation;

4. Procedures for the imposition of sanctions consistent with the Administrative Process Act (§ 2.2-4000 et seq.); and

5. Provisions for the prompt notification of the Department of Medical Assistance Services whenever any license is revoked or suspended for the purpose of terminating or suspending the applicable Medicaid provider agreement.

2025, cc. 166 , 180 .
Va. Code Ann. § 32.1-77 — Virginia Code / Title 32.1 / Chapter 3 / Article 2 / Section 32.1-77
State plans for maternal and child health services and children's specialty services
Status: in_force

A. The Board is authorized to prepare, amend from time to time and submit to the Secretary of the United States Department of Health and Human Services, state plans for maternal and child health services and children's specialty services pursuant to Title V of the United States Social Security Act and any amendments thereto.

B. The Commissioner is authorized to administer such plans and to receive and expend federal funds for the administration thereof in accordance with applicable federal and state laws and regulations.

Code 1950, § 32-165; 1979, c. 711; 1987, c. 427.
Va. Code Ann. § 32.1-362 — Virginia Code / Title 32.1 / Chapter 14 / Section 32.1-362
Audit
Status: in_force

The accounts of the Foundation shall be audited by the Auditor of Public Accounts, or his legally authorized representatives, as determined necessary by the Auditor of Public Accounts. Copies of the audit shall be distributed to the Governor and to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations.

1999, cc. 880 , 962 ; 2018, cc. 57 , 307 .
Va. Code Ann. § 32.1-55 — Virginia Code / Title 32.1 / Chapter 2 / Article 5 / Section 32.1-55
Definition
Status: in_force

As used in this article, "venereal disease" includes syphilis, gonorrhea, chancroid, granuloma inguinale, lymphogranuloma venereum and any other sexually transmittable disease determined by the Board to be dangerous to the public health.

Code 1950, § 32-90; 1979, c. 711.
Va. Code Ann. § 32.1-73.21 — Virginia Code / Title 32.1 / Chapter 2 / Article 21 / Section 32.1-73.21
Adult wellness screening for sickle cell disease or the sickle cell trait
Status: in_force

In order to prevent disability or death, every adult resident of the Commonwealth may be offered screening tests for sickle cell disease or sickle cell trait, with an emphasis on individuals of reproductive age and individuals who are unaware of their sickle cell trait status.

The health care professional in charge of the adult's annual health examination may cause such tests to be performed, and if performed, shall provide education and appropriate counseling regarding the test results.

The program for screening adults for sickle cell disease or the sickle cell trait may be conducted in addition to the programs provided for in Article 8 (§ 32.1-68 et seq.).

2024, c. 182 .
Va. Code Ann. § 32.1-45.5 — Virginia Code / Title 32.1 / Chapter 2 / Article 3 / Section 32.1-45.5
Opioid antagonist distribution program; reports
Status: in_force

A. The Department shall maintain a list of all agencies and organizations that submit requests for and receive opioid antagonists through its distribution program. At least quarterly, the Department shall submit a report to the Chairs of the House Committee on Appropriations, the House Committee on Health and Human Services, the Senate Committee on Finance and Appropriations, and the Senate Committee on Education and Health and the chair of the Virginia Opioid Abatement Authority with the following information: (i) the name of the agency or organization; (ii) the county, city, or town service area; (iii) the quantity, along with the specific formulation and dosage of opioid antagonist, requested by the agency or organization in its most recent order, and the date the request was made; and (iv) the quantity, along with the specific formulation and dosage of opioid antagonist, received by the agency or organization in response to its most recent order, and the date the request was fulfilled.

B. The Department shall develop a methodology to estimate annual opioid antagonist distribution program costs. In developing such methodology, the Department shall use available data and consider account saturation goals, community needs, local resources, and the costs of products. The Department shall submit an annual report estimating the opioid antagonist distribution program costs for the following fiscal year using such methodology to the Joint Commission on Health Care and the Chairs of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations by December 1 of each year.

2026, cc. 729 , 1024 .
Va. Code Ann. § 32.1-122.06 — Virginia Code / Title 32.1 / Chapter 4 / Article 4.1 / Section 32.1-122.06
Funds for regional health planning
Status: in_force

In the interest of maintaining a regional health planning mechanism in the Commonwealth, there is hereby established funding for regional health planning. From such moneys as may be available and appropriated, this fund shall provide support of a maximum of fifteen cents per capita for each regional health planning agency as may be designated. Per capita population figures shall be obtained from official population estimates. This funding may be used for the administration of the regional health planning agency, the analysis of issues, and such other health planning purposes as may be requested.

Any local governing body may choose to appropriate funds for the purpose of providing additional funds for a regional health planning agency. However, nothing in this section shall place any obligation on any local governing body to appropriate funds to any regional health planning agency.

Each regional health planning agency shall be required to apply to the Department for funding, which shall be distributed as grants. This funding shall be administered by the Department, and the Board shall promulgate regulations as are necessary and relevant to administer the funding. All applications for such funding shall be accompanied by letters of assurance that the applicant shall comply with all state requirements.

For purposes of this section, regional health planning agencies in existence as of July 1, 2002, shall be retained as designated regional health planning agencies unless (i) the Board, pursuant to its regulations, revises such designations, or (ii) any individual regional health planning agency ceases operation or the designation as a regional health planning agency is otherwise terminated in accordance with the agreement between the regional health planning agency and the Board.

The extent to which grants are awarded from this fund shall be dependent upon the amount of money appropriated to implement the provisions of this section.

1989, cc. 617, 633; 1990, c. 391; 2002, c. 83 ; 2009, c. 175 .
Va. Code Ann. § 32.1-270 — Virginia Code / Title 32.1 / Chapter 7 / Article 7 / Section 32.1-270
State Registrar may reproduce records; disposition of documents from which permanent reproductions made
Status: in_force

To preserve original documents, the State Registrar is authorized to prepare typewritten, photographic, electronic, or other reproductions of original vital records in his custody. Such reproductions when certified by him shall be accepted as the original records.

The documents from which permanent reproductions have been made and verified may be disposed of as provided by regulation.

Any vital record issued by the Department of Motor Vehicles shall be on security paper provided by the State Registrar and shall be considered a certified vital record and accepted as the original record.

Code 1950, § 32-353.25; 1960, c. 451; 1979, c. 711; 1983, c. 240; 2013, c. 534 .
Va. Code Ann. § 32.1-162.10 — Virginia Code / Title 32.1 / Chapter 5 / Article 7.1 / Section 32.1-162.10
Inspections; fees
Status: in_force

State agencies shall make or cause to be made only such inspections of home care organizations as are necessary to carry out the various obligations imposed on each agency by applicable state and federal laws and regulations. However, no home care organization shall receive additional inspections until all other home care organizations in the Commonwealth have also been inspected, unless the additional inspections are (i) necessary to follow up on a preoperational inspection or one or more violations, (ii) required by a uniformly applied risk-based schedule established by the Department, (iii) necessary to investigate a complaint regarding the home care organization, or (iv) otherwise deemed necessary by the Commissioner or his designee to protect the health and safety of the public.

Any on-site inspection by a state agency or a division or unit thereof that substantially complies with the inspection requirements of any other state agency or any other division or unit of the inspecting agency charged with making similar inspections shall be accepted as an equivalent inspection in lieu of an on-site inspection by said agency or by a division or unit of the inspecting agency. A state agency shall coordinate its inspections of home care organizations both internally and with those required by other state agencies so as to ensure that the requirements of this section are met.

Notwithstanding any provision of law to the contrary, all home care organizations licensed by the Department of Health that have been certified under the provisions of Title XVIII of the Social Security Act for home care services or have obtained accreditation by any organization recognized by the Centers for Medicare and Medicaid Services for the purposes of Medicare certification may be subject to inspection so long as such accreditation or certification is maintained but only to the extent necessary to ensure the public health and safety. If any such home care organization fails to comply with the provisions of this article or with the regulations of the Board relating to public health and safety, the Commissioner is authorized to revoke the exemption from licensure and require such organization to be relicensed before it can again qualify for an exemption pursuant to § 32.1-162.8 .

1986, c. 633; 1991, c. 695; 2010, c. 790 ; 2014, c. 324 ; 2017, c. 465 .
Va. Code Ann. § 32.1-172 — Virginia Code / Title 32.1 / Chapter 6 / Article 2 / Section 32.1-172
Permit required
Status: in_force

A. No owner shall establish, construct or operate any waterworks or water supply in the Commonwealth without a written permit from the Commissioner, except for the extension of water distribution piping having a diameter of eight inches or less and serving less than fifteen equivalent residential connections.

B. The application for such a permit shall comply with regulations of the Board and shall be accompanied by a certified copy of the maps, plans and specifications for the construction of such waterworks, a description of the source or sources from which it is proposed to derive the water supply and the manner of storage, purification or treatment proposed for the water supply prior to its delivery to consumers.

The application also shall include a comprehensive business plan detailing the technical, managerial, and financial commitments to be made by the owner in order to assure that system performance requirements for providing the water supply will be met over the long term. The Board, in consultation with the State Corporation Commission, shall establish the criteria to be used by the applicant in the development of a business plan.

In addition, the Board may require the submission of a business plan by those existing waterworks that have demonstrated significant noncompliance with the waterworks regulations. The Board may waive the requirement for submission of a comprehensive business plan for applicants who have demonstrated a history of acceptable compliance with waterworks regulations.

If any applicant so requests, the Board shall not disclose the contents of the comprehensive business plan except as necessary to perform its duties.

C. The permit may state the permitted capacity of the waterworks, the permitted source or sources of the water supply, the permitted manner of storage, purification and treatment for the water supply and such other conditions as the Commissioner may deem necessary to afford a supply of pure water.

D. Except as may be provided by regulation of the Board, no other source of water supply shall subsequently be used for any such waterworks, nor shall any change in the manner of storage, purification and treatment of the water supply be made without obtaining an additional or amended permit.

E. Whenever application shall be made to the Commissioner for a permit, he shall examine the application and, as soon as practicable thereafter, shall issue the permit if, in his judgment, the proposed waterworks will furnish pure water. If the proposed waterworks is not in compliance with all regulations of the Board but, in the opinion of the Commissioner, the public health will not be jeopardized, the Commissioner may issue a temporary permit for such period of time and subject to such conditions as the Commissioner may deem appropriate for the owner to achieve compliance with such regulations.

F. No permit shall be assigned or transferred.

Code 1950, §§ 62.1-50, 62.1-56; 1964, c. 475; 1968, c. 659; 1979, c. 711; 1994, cc. 395 , 708 .
Va. Code Ann. § 32.1-277 — Virginia Code / Title 32.1 / Chapter 8 / Article 1 / Section 32.1-277
Office of the Chief Medical Examiner; central and district offices and facilities
Status: in_force

The Commissioner shall establish and maintain, for the purpose of conducting medicolegal investigations of deaths and postmortem examinations, an Office of the Chief Medical Examiner, which shall include a central office and facilities and such district offices and facilities in such localities in the Commonwealth as may be necessary to carry out the provisions of this article. The central office and each district office established pursuant to this section shall be under the supervision of the Chief Medical Examiner. Each such office and facility shall have adequate professional, technical, and medical investigative personnel and physical facilities for the conduct of such examinations and investigations as may be authorized or required by law.

Code 1950, § 32-31.12; 1960, c. 366; 1972, c. 741; 1975, c. 475; 1979, c. 711; 1998, c. 217 ; 2014, c. 583 ; 2019, c. 168 .
Va. Code Ann. § 32.1-8 — Virginia Code / Title 32.1 / Chapter 1 / Article 2 / Section 32.1-8
Quorum
Status: in_force

Six members of the Board shall constitute a quorum for the transaction of any lawful business.

Code 1950, § 32-4; 1974, c. 436; 1979, c. 711; 1989, c. 73.
Va. Code Ann. § 32.1-198 — Virginia Code / Title 32.1 / Chapter 6 / Article 5 / Section 32.1-198
Definitions
Status: in_force

As used in this article:

"Public gathering places" includes, but is not limited to:

(a) Historic shrines;

(b) Terminals of public transportation companies;

(c) Festivals, fairs, races and other places where 100 or more people congregate at one time.

Code 1950, § 32-63; 1979, c. 711; 1988, c. 60.
Va. Code Ann. § 32.1-244 — Virginia Code / Title 32.1 / Chapter 6 / Article 9 / Section 32.1-244
Duty of operators to report knowledge of toxicity; retention and return of certain information; diagnosis of employee injuries and illnesses
Status: in_force

Each person who operates a commercial establishment that uses as a raw material, catalyst, final product or process solvent or manufactures any chemical or mixture in a manner that the person knows, or reasonably should know, is toxic and under the circumstances of its manufacture or use may pose a substantial threat to human health or to the environment shall have the affirmative duty to report that information to the Board within five days of receiving it.

In discharging this duty to report, each person shall have the further affirmative duty to make reasonable inquiry into the toxicity of any substance. Any knowledge of toxicity that is possessed by an employee or agent of the person, or by the holder of any patent under which the person is licensed to produce such substance, shall be attributed to that person if the person actually received that knowledge or, in the exercise of due diligence of such person, should have received that knowledge. Any knowledge of toxicity that is possessed by any consultant or independent contractor, who has been retained by the person to perform any evaluation or other task which involves any such substance, shall be attributed to the person if such person actually received that knowledge or, in the exercise of due diligence by such person, should have received that knowledge.

Except as provided in this section, the Board shall not require any reports by operators of commercial establishments to be filed pursuant to this article unless the Board can demonstrate that the report is necessary to prevent or lessen an imminent risk of injury to public health or the environment.

Each person who operates a commercial establishment in which any chemical is manufactured or is used as a raw material, catalyst, final product or process solvent shall direct each of his employees to a physician for diagnosis of any injury or illness of any kind whatever that the person knows, or reasonably should know, may be caused by such chemical. Nothing in this article shall be deemed, however, to authorize or require physical examination or medical treatment for any person who objects thereto on religious grounds.

The Department shall make reasonable efforts to return all confidential business information filed pursuant to this article to the owner or operator of the business that reported it; however, if the business no longer exists or the owner or operator cannot be located, the Department may retain the confidential information under the same terms and conditions of confidentiality existing prior to July 1, 1992, or, at the discretion of the Commissioner, purge and destroy such information.

Code 1950, § 32-435.1; 1977, c. 471; 1979, c. 711; 1982, c. 16; 1984, c. 433; 1992, c. 203.
Va. Code Ann. § 32.1-137.06 — Virginia Code / Title 32.1 / Chapter 5 / Article 1 / Section 32.1-137.06
Lyme disease test result information
Status: in_force

A. Every laboratory reporting the results of a test for Lyme disease ordered in an office-based setting by a health care provider shall include a notice to be provided together with such test results when such test results are reported to the health care provider that states: PATIENTS UNDERGOING A LYME DISEASE TEST SHOULD BE AWARE THAT LYME DISEASE TESTS VARY AND MAY PRODUCE RESULTS THAT ARE INACCURATE. THIS MEANS A PATIENT MAY NOT BE ABLE TO RELY ON A POSITIVE OR NEGATIVE RESULT. HEALTH CARE PROVIDERS ARE ENCOURAGED TO DISCUSS LYME DISEASE TEST RESULTS WITH THE PATIENT FOR WHOM THE TEST WAS ORDERED.

B. A laboratory that complies with this section shall be immune from civil liability absent gross negligence or willful misconduct.

2019, c. 435 .
Va. Code Ann. § 32.1-162.22 — Virginia Code / Title 32.1 / Chapter 5.2 / Section 32.1-162.22
Human cloning prohibited; civil penalty
Status: in_force

A. No person shall (i) perform human cloning or (ii) implant or attempt to implant the product of somatic cell nuclear transfer into a uterine environment so as to initiate a pregnancy or (iii) possess the product of human cloning or (iv) ship or receive the product of a somatic cell nuclear transfer in commerce for the purpose of implanting the product of somatic cell nuclear transfer into a uterine environment so as to initiate a pregnancy.

B. This section shall not be construed to restrict biomedical and agricultural research or practices unless expressly prohibited herein, including research or practices that involve the use of (i) somatic cell nuclear transfer or other cloning technologies to clone molecules, including DNA, cells, or tissues; (ii) gene therapy; or (iii) somatic cell nuclear transfer techniques to create animals other than humans.

C. In addition to any other penalty provided by law, any person violating the provisions of this section shall be liable for a civil penalty in an amount not to exceed $50,000 for each incident.

2001, cc. 868 , 870 .
Va. Code Ann. § 32.1-48.07 — Virginia Code / Title 32.1 / Chapter 2 / Article 3.02 / Section 32.1-48.07
Conditions for invoking the provisions of this article
Status: in_force

A. Prior to issuing any order of quarantine or any order of isolation pursuant to this article, the State Health Commissioner shall ensure that:

1. Any quarantine or isolation is implemented in the least restrictive environment necessary to contain the communicable disease of public health threat;

2. Any quarantined persons shall be confined separately from any isolated persons, to the maximum extent practicable;

3. Upon determining that any quarantined person can be reasonably believed to have become infected with a communicable disease of public health threat, the infected person shall be promptly removed from quarantine and placed in isolation;

4. The health and disease status of any quarantined and isolated persons shall be monitored regularly to determine if such persons require continued quarantine or isolation;

5. Any quarantined or isolated persons shall be immediately released from quarantine or isolation upon a determination by the State Health Commissioner that such quarantined or isolated persons pose no risk of transmitting the communicable disease of public health threat to other persons; and

6. The site of any quarantine or isolation shall be, to the extent practicable, safely and hygienically maintained with adequate food, clothing, health care, and other essential needs made available to the persons who are subject to any order of quarantine or isolation.

B. All persons subject to an order of quarantine or an order of isolation shall comply with the order and the conditions governing their quarantine or isolation.

C. In the case of any person who has been quarantined or isolated in a location other than a medical care facility, the State Health Commissioner shall authorize health care professionals to enter the premises of quarantine or isolation. No person, other than such authorized health care professionals, shall enter the premises of quarantine or isolation, unless authorized by the State Health Commissioner. Upon determining that any person, who has entered the premises of quarantine or isolation, poses a threat to public health and safety, the State Health Commissioner may quarantine or isolate such person.

2004, cc. 773 , 1021 .
Va. Code Ann. § 32.1-102.3:5 — Virginia Code / Title 32.1 / Chapter 4 / Article 1.1 / Section 32.1-102.3:5
Repealed
Status: repealed

Repealed by Acts 2012, c. 301 , cl. 1.
Va. Code Ann. § 32.1-122.04 — Virginia Code / Title 32.1 / Chapter 4 / Article 4.1 / Section 32.1-122.04
Responsibilities of the Department
Status: in_force

The Department shall have the following responsibilities as directed by the Board:

1. To conduct the research for the health planning activities of the Commonwealth.

2. To prepare, review and revise the State Health Plan when so directed by the Board.

3. To develop, under the direction of the Board and with the cooperation of the regional health planning agencies, the components and methodology for the State Health Plan, including any research, issue analyses and related reports.

4. To provide technical assistance to the regional health planning agencies.

5. To perform such other functions relating to health planning in the Commonwealth as may be requested by the Governor or the Secretary.

1989, cc. 617, 633; 2002, c. 83 .
Va. Code Ann. § 32.1-64.2 — Virginia Code / Title 32.1 / Chapter 2 / Article 6.1 / Section 32.1-64.2
Confidentiality of records; publication; Commissioner required to contact parents, physicians, and relevant local early intervention program
Status: in_force

The Commissioner and all other persons to whom data is submitted pursuant to § 32.1-64.1 shall keep such information confidential. No publication of research or statistical data shall be made that identifies any infant with hearing loss or risk of hearing loss. The Commissioner shall contact the parents of children identified with hearing loss or at risk of hearing loss, their physicians, and the relevant local early intervention program to provide them with information about available public and private health care and educational resources, including any hearing loss clinics.

The Commissioner may authorize linkages between secure electronic data systems maintained by the Department of Health containing newborn hearing screening records and the Virginia Immunization Information System (VIIS) operated pursuant to § 32.1-46.01 . The Commissioner may authorize health care providers authorized to view VIIS to view newborn hearing screening records of individuals to whom the providers are providing health care services. The records may be made available until the child reaches seven years of age, after which the records shall not be made available through a linkage to VIIS. Such linkages shall be subject to all applicable state and federal privacy laws and regulations.

1986, c. 419; 1998, cc. 505 , 506 , 513 ; 2012, c. 147 ; 2019, c. 288 .
Va. Code Ann. § 32.1-282.1 — Virginia Code / Title 32.1 / Chapter 8 / Article 1 / Section 32.1-282.1
Per diem medicolegal death investigators
Status: in_force

The Chief Medical Examiner may appoint per diem medicolegal death investigators, who shall have knowledge of standards and procedures for medicolegal death investigations, to assist the Office of the Chief Medical Examiner with medicolegal death investigations. Per diem medicolegal death investigators shall be agents of the Commonwealth.

2015, c. 53 .
Va. Code Ann. § 32.1-134.4 — Virginia Code / Title 32.1 / Chapter 5 / Article 1 / Section 32.1-134.4
Right of podiatrists or advanced practice registered nurses to injunction
Status: in_force

Any licensed podiatrist or certified nurse midwife licensed as an advanced practice registered nurse in Virginia who is aggrieved by any violation of § 32.1-134.2 or 32.1-134.3 shall have the right to seek an injunction from the circuit court of the city or county in which the hospital alleged to have committed the violation is located, prohibiting any further such violation. The provisions of this section shall not be deemed to impair or affect any other right or remedy. A violation of this section, however, shall not constitute a violation of the provisions of this article for the purposes of § 32.1-27.3 or 32.1-135 .

1983, c. 259; 1992, c. 452; 2023, c. 183 ; 2025, cc. 166 , 180 .
Va. Code Ann. § 32.1-250 — Virginia Code / Title 32.1 / Chapter 7 / Article 1 / Section 32.1-250
Duties of Board
Status: in_force

A. The Board shall install, maintain and operate the only system of vital records throughout this Commonwealth.

B, C. [Repealed.]

Code 1950, §§ 32-353.5, 32-353.6; 1960, c. 451; 1979, c. 711; 1983, c. 240.
Va. Code Ann. § 32.1-42.2 — Virginia Code / Title 32.1 / Chapter 2 / Article 3 / Section 32.1-42.2
Declared emergency; priority for personal protective equipment and immunization; funeral service licensees and funeral service establishment employees
Status: in_force

In any case in which the Board or the Commissioner has made an emergency order or regulation to meet an emergency, not provided for by general regulations, for the purpose of suppressing nuisances dangerous to the public health or a communicable, contagious, or infectious disease or other danger to the public life and health, funeral service licensees and any person employed by a funeral service establishment shall be included in any group afforded priority with regard to (i) access to personal protective equipment and (ii) administration of any vaccination against such communicable disease of public health threat during such emergency.

2021, Sp. Sess. I, c. 216 .
Va. Code Ann. § 32.1-90 — Virginia Code / Title 32.1 / Chapter 3 / Article 4 / Section 32.1-90
Health services for persons suffering from epilepsy and cystic fibrosis
Status: in_force

The Board may provide, through cooperative agreements with medical facilities or other appropriate means, home and clinic health services for persons suffering from epilepsy and for persons not eligible for child supportive services suffering from cystic fibrosis. Monetary payments from persons for care or treatment under this section shall be determined by the Board. Funds received in payment for such services are hereby appropriated to the Board for the purpose of carrying out the provisions of this section.

Code 1950, §§ 32-8.3; 32-8.4; 1974, c. 562; 1975, c. 294; 1979, c. 711.
Va. Code Ann. § 32.1-162.5:1 — Virginia Code / Title 32.1 / Chapter 5 / Article 7 / Section 32.1-162.5:1
Notice to dispenser of patient's death; disposition of dispensed drugs
Status: in_force

A. Any hospice licensed by the Department or exempt from licensure pursuant to § 32.1-162.2 with a hospice patient residing at home at the time of death shall notify every pharmacy that has dispensed partial quantities of a Schedule II controlled substance for a patient with a medical diagnosis documenting a terminal illness, as authorized by federal law, within 48 hours of the patient's death.

B. Any hospice licensed by the Department or exempt from licensure pursuant to § 32.1-162.2 shall develop policies and procedures for the disposal of drugs, including opioids, dispensed as part of the hospice plan of care in accordance with the provisions of § 54.1-3411.2 .

2015, c. 668 ; 2018, c. 95 ; 2020, c. 739 .
Va. Code Ann. § 32.1-30 — Virginia Code / Title 32.1 / Chapter 1 / Article 5 / Section 32.1-30
Local health departments
Status: in_force

Each county and city shall establish and maintain a local department of health that shall be headed by a local health director. Each such local health director shall (i) be a physician licensed to practice medicine in the Commonwealth, (ii) possess a master's or doctoral degree in the area of public health and have at least three years of professional experience in a full-time position in either a public health agency or public health-related position, or (iii) be otherwise qualified for the position as determined by the Commissioner. If a local health director is not a physician licensed to practice medicine and there is no licensed physician on staff, the local health director shall enter into a consulting agreement with a licensed physician to execute prescribing duties, consult on clinical matters, and perform all other duties as requested.

1979, c. 711; 2022, c. 804 .
Va. Code Ann. § 32.1-34 — Virginia Code / Title 32.1 / Chapter 1 / Article 5 / Section 32.1-34
Scope of local health ordinances and regulations
Status: in_force

No county, city or town ordinance or regulation shall be less stringent in the protection of the public health than any applicable state law or any applicable regulations of the Board.

1979, c. 711.
Va. Code Ann. § 32.1-276.9:1 — Virginia Code / Title 32.1 / Chapter 7.2 / Section 32.1-276.9:1
Health information needs related to reform; work group
Status: in_force

A. The Commissioner shall direct the nonprofit organization to establish a work group to study continuing health information needs and to develop recommendations for design, development, and operation of systems and strategies to meet those needs. The work group shall include representatives of the Department of Health, the Department of Medical Assistance Services, the Department of Health Professions, the State Corporation Commission's Bureau of Insurance, the Virginia Health Reform Initiative, the Virginia Hospital and Healthcare Association, the Virginia Association of Health Plans, the Medical Society of Virginia, health care providers, and other stakeholders and shall:

1. Identify various health information needs related to implementation of health care reform initiatives, including those associated with development and operation of an all-payer claims database, the Virginia Health Information Exchange, the Virginia Health Benefit Exchange, and any other health reform initiatives. In doing so, the work group shall identify the clinical and paid claims information required and the purposes for which such information will be used; and

2. Identify opportunities for maximizing efficiency and effectiveness of health information systems, reducing duplication of effort related to collection of health information, and minimizing costs and risks associated with collection and use of health information.

B. The Commissioner shall report on activities, findings, and recommendations of the work group annually to the Governor and the General Assembly no later than December 1 of each year, beginning in 2014.

2012, cc. 693 , 709 .
Va. Code Ann. § 32.1-122.02 — Virginia Code / Title 32.1 / Chapter 4 / Article 4.1 / Section 32.1-122.02
Repealed
Status: repealed

Repealed by Acts 2002, c. 83 .
Va. Code Ann. § 32.1-323.3 — Virginia Code / Title 32.1 / Chapter 10 / Article 1 / Section 32.1-323.3
Dependents of foreign service members; waiting lists for certain waivers
Status: in_force

The Department of Medical Assistance Services shall amend eligibility criteria for the Community Living waiver and the Family and Individual Support waiver to allow the dependent of a foreign service member who was added to the waiting list for services through such waivers while he was a resident of the Commonwealth to maintain his position on the waiting list following a transfer of the foreign service member to an assignment outside of the Commonwealth, so long as the foreign service member maintains the Commonwealth as his legal residence to which he intends to return following completion of the assignment.

2019, c. 416 .
Va. Code Ann. § 32.1-28 — Virginia Code / Title 32.1 / Chapter 1 / Article 4 / Section 32.1-28
When Attorney General to represent Board; special counsel
Status: in_force

The Attorney General shall represent the Board and Commissioner in all actions and proceedings for the enforcement of regulations or orders of the Board or Commissioner or the provisions of this title except actions or proceedings to which the Commonwealth or any of its agencies or institutions is a party defendant. Upon approval by the Governor, the Board is authorized to employ special counsel in such actions or proceedings.

1979, c. 711.
Va. Code Ann. § 32.1-134.3 — Virginia Code / Title 32.1 / Chapter 5 / Article 1 / Section 32.1-134.3
Response to applications for clinical privileges
Status: in_force

Whenever a podiatrist or certified nurse midwife licensed as an advanced practice registered nurse makes application to any hospital for clinical privileges, the hospital shall either approve or disapprove the application within 120 calendar days after it has received all necessary information to make a determination as provided in § 32.1-134.2 from the practitioner.

1981, c. 166; 1992, c. 452; 2023, c. 183 .
Va. Code Ann. § 32.1-135 — Virginia Code / Title 32.1 / Chapter 5 / Article 1 / Section 32.1-135
Revocation or suspension of license or certification of hospital or certified nursing facility; restriction or prohibition of new admissions to certified nursing facility
Status: in_force

A. In accordance with applicable regulations of the Board, the Commissioner may (i) restrict or prohibit new admissions to any nursing home or certified nursing facility, (ii) petition the court to impose a civil penalty against any nursing home or certified nursing facility or to appoint a receiver for such nursing home or certified nursing facility, or both, or (iii) revoke the certification or revoke or suspend the license of a hospital or nursing home or the certification of any certified nursing facility for violation of any provision of this article or Article 2 (§ 32.1-138 et seq.) or of any applicable regulation promulgated under this chapter or for permitting, aiding, or abetting the commission of any illegal act in the hospital or nursing home.

All appeals from notice of imposition of administrative sanctions shall be received in writing within 15 days of the date of receipt of such notice. The provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall be applicable to such appeals.

B. If a license or certification is revoked as herein provided, a new license or certification may be issued by the Commissioner after satisfactory evidence is submitted to him that the conditions upon which revocation was based have been corrected and after proper inspection has been made and compliance with all provisions of this article and applicable state and federal law and regulations hereunder has been obtained.

C. Suspension of a license shall in all cases be for an indefinite time. The Commissioner may completely or partially restore a suspended license or certificate when he determines that the conditions upon which suspension was based have been completely or partially corrected and that the interests of the public will not be jeopardized by resumption of operation. No additional service charges shall be required for restoring such license.

Code 1950, § 32-307; 1979, c. 711; 1989, c. 618; 2025, cc. 166 , 180 .
Va. Code Ann. § 32.1-138.5 — Virginia Code / Title 32.1 / Chapter 5 / Article 2 / Section 32.1-138.5
Confidentiality of complainant's identity
Status: in_force

Whenever the Department conducts inspections and investigations in response to complaints received from the public, the identity of the complainant and the identity of any patient who is the subject of the complaint, or identified therein, shall be treated as confidential and shall not be open to inspection by members of the public. Identities of the complainant and patient who is the subject of the complaint shall be revealed only if a court order so requires. Nothing contained herein shall prevent the Department, in its discretion, from disclosing to the nursing facility the nature of the complaint or the identity of the patient who is the subject of the complaint. Nothing contained herein shall prevent the Department or its employees from making reports under § 63.2-1603 et seq. If the Department intends to rely, in whole or in part, on any statements made by the complainant, at any administrative hearing brought against the nursing facility, the Department shall disclose the identity of the complainant to the nursing facility a reasonable time in advance of such hearing.

1994, c. 941 .
Va. Code Ann. § 32.1-356 — Virginia Code / Title 32.1 / Chapter 14 / Section 32.1-356
Powers of the Foundation
Status: in_force

The Foundation is hereby granted all powers necessary or appropriate to carry out and effectuate its corporate purposes, including, without limitation, the following:

1. To have official seals and to alter the same at pleasure;

2. To maintain an office at such place or places within this Commonwealth as it may designate;

3. To accept, hold, and administer moneys, grants, securities, or other property transferred, given, or bequeathed to the Foundation, absolutely or in trust, for the purposes for which the Foundation is created;

4. To determine how moneys in the Fund are to be distributed and to authorize distribution of moneys in the Fund to entities whose goal is to discourage, eliminate or prevent the use of tobacco products by minors, reduce childhood obesity in the Commonwealth, or prevent and reduce substance use by youth in the Commonwealth, on such terms and in such amounts as determined by the Board;

5. To deposit moneys from the Fund to the Endowment as determined by the Board;

6. To make and execute contracts and all other instruments and agreements necessary or convenient for the exercise of its powers and functions;

7. To appoint and prescribe the duties of such officers, agents, employees, advisors, and consultants as may be necessary to carry out its functions, and to fix and pay such compensation to them for their services as the Foundation may determine;

8. To adopt and from time to time amend and repeal bylaws, not inconsistent with this chapter, to carry into effect the powers and purposes of the Foundation;

9. To receive and accept aid, grants, contributions and cooperation of any kind from any source for the purposes of this chapter subject to such conditions, acceptable to the Foundation, upon which such aid, grants, contributions and cooperation may be made;

10. To do any lawful act necessary or appropriate to carry out the powers herein granted or reasonably implied, including use of whatever lawful means may be necessary and appropriate to recover any payments wrongfully made from the Fund.

1999, cc. 880 , 962 ; 2007, c. 345 ; 2009, cc. 424 , 554 ; 2017, cc. 60 , 109 .
Va. Code Ann. § 32.1-375 — Virginia Code / Title 32.1 / Chapter 20 / Section 32.1-375
Applicability of chapter
Status: in_force

This chapter shall apply to any disposition of assets proposed to take effect on or after July 1, 1997.

1997, c. 615 , § 55-533; 2019, c. 712 .
Va. Code Ann. § 32.1-137.02 — Virginia Code / Title 32.1 / Chapter 5 / Article 1 / Section 32.1-137.02
Hospital discharge procedures
Status: in_force

Before a hospital discharges a patient, it shall, to the extent allowed pursuant to state and federal law, inform and educate the patient, and his family when it is involved in decision making or ongoing care, about his follow-up care, treatment, and services.

2012, cc. 180 , 813 .
Va. Code Ann. § 32.1-48.4 — Virginia Code / Title 32.1 / Chapter 2 / Article 3.1 / Section 32.1-48.4
Commissioner to cooperate with local governing bodies and agencies
Status: in_force

The Commissioner shall, insofar as practicable, cooperate with the local governing body and agencies of the county or city involved to the end that a joint program may be adopted and enforced for the reduction and elimination of rabies.

1954, c. 339, § 29-213.4; 1987, c. 488.
Va. Code Ann. § 32.1-291.18 — Virginia Code / Title 32.1 / Chapter 8 / Article 2 / Section 32.1-291.18
Immunity
Status: in_force

A. A person that acts in accordance with this Act or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.

B. Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.

C. In determining whether an anatomical gift has been made, amended, or revoked under this Act, a person may rely upon representations of an individual listed in subdivisions A 3, A 4, A 5, A 6, A 7, A 8, or A 9 of § 32.1-291.9 relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.

2007, cc. 92 , 907 .
Va. Code Ann. § 32.1-133.1 — Virginia Code / Title 32.1 / Chapter 5 / Article 1 / Section 32.1-133.1
Human trafficking hotline; posted notice required; civil penalty
Status: in_force

Any health care facility (i) licensed as a hospital pursuant to § 32.1-125 that includes an emergency department or that is a dedicated emergency department as defined in 42 C.F.R. § 489.24(b), (ii) operating as a clinic which is organized in whole or in part for the delivery of health care services without charge, (iii) licensed as an abortion facility pursuant to § 32.1-127 , or (iv) in which the majority of patients are seen without appointments shall post notice of the existence of a human trafficking hotline to alert possible witnesses or victims of human trafficking to the availability of a means to report crimes or gain assistance. The notice required by this section shall be posted in a place readily visible and accessible to the public such as the admitting area or public or patient restrooms of such facility. Such notice shall meet the requirements specified in subsection C of § 40.1-11.3 . The State Board shall promulgate regulations necessary to implement the provisions of this section.

2018, c. 571 .
Va. Code Ann. § 32.1-11.6 — Virginia Code / Title 32.1 / Chapter 1 / Article 2 / Section 32.1-11.6
Virginia Pregnant Women Support Fund; purpose; guidelines
Status: in_force

A. There is hereby created the Virginia Pregnant Women Support Fund (the Fund) as a special nonreverting fund to be administered by the Board of Health to support women and families who are facing unplanned pregnancy.

B. The Board of Health shall have authority to solicit and accept gifts, donations, and bequests and to apply for grants on behalf of the Fund from any source and to deposit all moneys received in the Fund. The Council shall submit to the Governor an annual report of all gifts, donations, grants and bequests accepted; the names of the donors; and the respective amounts contributed by each donor.

C. The Fund shall be established on the books of the Comptroller. All moneys received from any source pursuant to subsection B shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of carrying out the activities enumerated below:

1. Purchasing or upgrading ultrasound equipment;

2. Creating a separate program for domestic violence, dating violence, sexual assault and stalking screening against pregnant women and new mothers;

3. Conducting a public campaign to increase public awareness;

4. Providing support services for students of institutions of higher education;

5. Providing funds to allow early childhood education programs to work with pregnant or parenting teens to complete high school and provide job training education; or

6. Providing for teenage or first-time mothers education on the health needs of their infants through free home visits by registered nurses.

D. The Board of Health shall establish an application process and related procedures for community health centers, migrant health centers, homeless health centers, and public-housing centers seeking grants from the Fund. A grant may be made only if an application for the grant is submitted to the Board of Health and the application is in such a form, is made in such a manner, and contains such agreements, assurances, and information as the Board determines to be necessary to carry out its functions.

2007, cc. 780 , 822 .
Va. Code Ann. § 32.1-50.2 — Virginia Code / Title 32.1 / Chapter 2 / Article 4 / Section 32.1-50.2
Administration of tuberculin purified protein derivative by nurses; policies and guidelines
Status: in_force

The Department shall issue policies and guidelines governing the possession and administration of tuberculin purified protein derivative (PPD) by registered nurses and licensed practical nurses pursuant to § 54.1-3408 .

2003, c. 515 .
Va. Code Ann. § 32.1-117 — Virginia Code / Title 32.1 / Chapter 4 / Article 4 / Section 32.1-117
Repealed
Status: repealed

Repealed by Acts 1989, cc. 617, 633.
Va. Code Ann. § 32.1-42 — Virginia Code / Title 32.1 / Chapter 2 / Article 3 / Section 32.1-42
Emergency rules and regulations
Status: in_force

The Board of Health may promulgate regulations and orders to meet any emergency or to prevent a potential emergency caused by a disease dangerous to public health, including, but not limited to, procedures specifically responding to any disease listed pursuant to § 32.1-35 that is determined to be caused by an agent or substance used as a weapon or any communicable disease of public health threat that is involved in an order of quarantine or an order of isolation pursuant to Article 3.02 (§ 32.1-48.05 et seq.) of this chapter.

1979, c. 711; 2002, c. 768 ; 2004, cc. 773 , 1021 .
Va. Code Ann. § 32.1-39 — Virginia Code / Title 32.1 / Chapter 2 / Article 2 / Section 32.1-39
Surveillance and investigation
Status: in_force

A. The Board shall provide for the surveillance of and investigation into all preventable diseases and epidemics in this Commonwealth and into the means for the prevention of such diseases and epidemics. Surveillance and investigation may include contact tracing in accordance with the regulations of the Board. When any outbreak or unusual occurrence of a preventable disease shall be identified through reports required pursuant to Article 1 (§ 32.1-35 et seq.) of this chapter, the Commissioner or his designee shall investigate the disease in cooperation with the local health director or directors in the area of the disease. If in the judgment of the Commissioner the resources of the locality are insufficient to provide for adequate investigation, he may assume direct responsibility and exclusive control of the investigation, applying such resources as he may have at his disposal. The Board may issue emergency regulations and orders to accomplish the investigation.

B. When an investigation of any outbreak or occurrence of a disease identified through reports required pursuant to Article 1 (§ 32.1-35 et seq.) of this chapter indicates the reasonable possibility that the outbreak or occurrence was the result of exposure to an agent or substance used as a weapon, the Commissioner or his designee shall immediately report such finding to the Department of State Police for investigation. Reports, records, materials or other data reported to the Department of State Police pursuant to this section shall remain confidential and shall not be subject to the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). The Department of State Police, and any local law enforcement official, may release all or part of any report made or other information obtained pursuant to this section (i) where the release of such report or information may assist in the prevention of imminent harm to public health or safety, or (ii) where the release of such report or information, with patient identifying information removed, may be useful for education of the public on health, safety or homeland defense issues. Reports required by this section shall be maintained in the central repository established by the Department of State Police pursuant to the provisions of § 52-8.5 . The Department of State Police shall immediately transmit the report to the local chief of police or sheriff with law-enforcement responsibilities both where the patient resides and where he sought the medical treatment that resulted in the report. In addition, the Department of State Police may transmit the report to federal and military law-enforcement authorities. The Department of State Police and local law-enforcement authorities shall immediately determine and implement the appropriate law-enforcement response to such reports, in accordance with their jurisdiction.

Code 1950, §§ 32-10, 32-42; 1979, c. 711; 1989, c. 613; 2002, c. 768 .
Va. Code Ann. § 32.1-284 — Virginia Code / Title 32.1 / Chapter 8 / Article 1 / Section 32.1-284
Repealed
Status: repealed

Repealed by acts 2014, c. 228 , cl. 2, effective March 7, 2014.
Va. Code Ann. § 32.1-35 — Virginia Code / Title 32.1 / Chapter 2 / Article 1 / Section 32.1-35
List and reports of diseases and dangerous microbes and pathogens
Status: in_force

The Board shall promulgate from time to time a list of diseases, including diseases caused by exposure to any toxic substance as defined in § 32.1-239 and including diseases that may be caused by exposure to an agent or substance that has the potential for use as a weapon, that shall be required to be reported. The Board shall also promulgate from time to time a list of dangerous microbes and pathogens that shall be required to be reported by laboratories. The Board may classify such diseases, microbes and pathogens and prescribe the manner and time of such reporting.

Code 1950, § 32-16; 1979, c. 711; 2002, cc. 100 , 768 .
Va. Code Ann. § 32.1-26 — Virginia Code / Title 32.1 / Chapter 1 / Article 4 / Section 32.1-26
Orders; hearing and notice
Status: in_force

The Board is authorized to issue orders to require any person to comply with the provisions of any law administered by it, the Commissioner or the Department or any regulations promulgated by the Board or to comply with any case decision, as defined in § 2.2-4001 , of the Board or Commissioner. Any such order shall be issued only after a hearing with at least thirty days' notice to the affected person of the time, place and purpose thereof. Such order shall become effective not less than fifteen days after mailing a copy thereof by certified mail to the last known address of such person. The provisions of this section shall not affect the authority of the Board to issue separate orders and regulations to meet any emergency as provided in § 32.1-13 .

1979, c. 711.
Va. Code Ann. § 32.1-102.1:1 — Virginia Code / Title 32.1 / Chapter 4 / Article 1.1 / Section 32.1-102.1:1
Equipment registration required
Status: in_force

Within thirty calendar days of becoming contractually obligated to acquire any medical equipment for the provision of cardiac catheterization, computed tomographic (CT) scanning, stereotactic radiosurgery, lithotripsy, magnetic resonance imaging (MRI), magnetic source imaging (MSI), open heart surgery, positron emission tomographic (PET) scanning, radiation therapy, stereotactic radiotherapy, proton beam therapy, or other specialized service designated by the Board by regulation, any person shall register such purchase with the Commissioner and the appropriate regional health planning agency.

1999, cc. 899 , 922 ; 2000, c. 931 ; 2009, c. 175 .
Va. Code Ann. § 32.1-384 — Virginia Code / Title 32.1 / Chapter 22 / Section 32.1-384
Applicability
Status: in_force

A. Neither the Commonwealth nor any locality may administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law in a manner that:

1. Prohibits or restricts the sale, provision, or use of any contraceptives.

2. Prohibits or restricts any person from aiding another person in obtaining any contraceptives or utilizing any contraceptive methods.

3. Exempts any contraceptives approved by the U.S. Food and Drug Administration from any other generally applicable law in a way that would make it more difficult to sell, provide, obtain, or use such contraceptives or contraceptive methods.

B. An individual or entity that is subject to a law, regulation, or policy that violates this chapter may raise this section as a defense to any cause of action against the individual or entity.

2026, cc. 524 , 525 .
Va. Code Ann. § 32.1-73.28 — Virginia Code / Title 32.1 / Chapter 2 / Article 23 / Section 32.1-73.28
Women's Menstrual Health Program
Status: in_force

A. For the purposes of this section:

"Endometriosis" means a systemic disease generally occurring in menstruating individuals, which may also occur in premenarchal and postmenopausal individuals.

"Menstrual disorder" means any menstruation-related disorder or menstruation-related condition and includes endometriosis and polycystic ovary syndrome.

B. The Commissioner shall establish within the Department the Women's Menstrual Health Program to identify and assist patients who have displayed symptoms related to menstrual disorders.

C. The Department shall, in accordance with evidence-based industry best practices, guidelines, and screening tools, as recommended by the American College of Obstetricians and Gynecologists or another nationally recognized body as may be designated by the Commissioner:

1. Provide education and training to health care providers, hospital staff who encounter patients in emergency situations, and the public concerning menstrual health, menstrual health screening, and menstrual health care; and

2. Provide information and resources on the Department's website for health care providers and patients, which shall include:

a. Evidence-based clinical practice guidelines for health care providers for the screening, referral, treatment, and follow-up care of patients who have displayed symptoms related to menstrual disorders; and

b. Educational materials for health care providers and the public concerning menstrual disorders.

2025, c. 694 .
Va. Code Ann. § 32.1-15 — Virginia Code / Title 32.1 / Chapter 1 / Article 2 / Section 32.1-15
Suggestions as to legislation
Status: in_force

The Board may, at each regular session of the General Assembly, suggest any legislative action deemed necessary for the better protection of life and public health.

Code 1950, § 32-21; 1979, c. 711.
Va. Code Ann. § 32.1-325.5 — Virginia Code / Title 32.1 / Chapter 10 / Article 1 / Section 32.1-325.5
State pharmacy benefits manager
Status: in_force

A. As used in this section:

"Pharmacy benefits manager" means the same as that term is defined in § 38.2-3465 .

"Spread pricing" means the model of prescription drug pricing in which the pharmacy benefits manager charges a managed care plan a contracted price for prescription drugs, and the contracted price for the prescription drugs differs from the amount the pharmacy benefits manager directly or indirectly pays the pharmacist or pharmacy for pharmacist services.

"State pharmacy benefits manager" means the pharmacy benefits manager contracted by the Department pursuant to this section to administer pharmacy benefits for all Medicaid recipients in the Commonwealth.

B. By July 1, 2026, the Department shall select and contract with a single third-party administrator to serve as the state pharmacy benefits manager to administer all pharmacy benefits for Medicaid recipients, including those enrolled in a managed care organization by such date with whom the Department contracts for the delivery of Medicaid services. Each managed care contract entered into or renewed by the Department for the delivery of Medicaid services by a managed care organization shall require the managed care organization to contract with and utilize the state pharmacy benefits manager for the purpose of administering all pharmacy benefits for Medicaid recipients enrolled with the managed care organization. Notwithstanding the provisions of § 38.2-3470 , the state pharmacy benefits manager shall adhere to subdivision A 5 of § 38.2-3467 unless otherwise prohibited by federal law.

C. The Department's contract with the state pharmacy benefits manager shall:

1. Establish the state pharmacy benefits manager's fiduciary duty owed to the Department;

2. Require the use of pass-through pricing;

3. Require the state pharmacy benefits manager to use the common formulary, reimbursement methodologies, and dispensing fees negotiated by the Department;

4. Require transparency in drug costs, rebates collected and paid, dispensing fees paid, administrative fees, and all other charges, fees, costs, and holdbacks; and

5. Prohibit the use of spread pricing.

2025, cc. 701 , 704 .
Va. Code Ann. § 32.1-331.12 — Virginia Code / Title 32.1 / Chapter 10 / Article 4 / Section 32.1-331.12
Definitions
Status: in_force

As used in this article:

"Board" means the Board of Medical Assistance Services.

"Committee" means the Medicaid Prior Authorization Advisory Committee established pursuant to this article.

"Department" means the Department of Medical Assistance Services.

"Director" means the Director of Medical Assistance Services.

"Drug" shall have the same meaning, unless the context otherwise dictates or the Board otherwise provides by regulation, as provided in the Drug Control Act (§ 54.1-3400 et seq.).

1993, c. 537.
Va. Code Ann. § 32.1-175.01 — Virginia Code / Title 32.1 / Chapter 6 / Article 2 / Section 32.1-175.01
Issuance of special orders
Status: in_force

Notwithstanding any other provision of law and to the extent consistent with federal requirements, following a proceeding as provided in § 2.2-4019 , the Board may issue a special order that may include a civil penalty against an owner who violates this article or any order or regulation adopted thereto by the Board. The issuance of a special order shall be considered a case decision as defined in § 2.2-4001 . Civil penalties collected pursuant to this section shall be paid into the state treasury and credited to the Water Supply Assistance Grant Fund created pursuant to § 32.1-171.2 .

1997, c. 342 , § 32.1-176.1:1; 1999, c. 786 .
Va. Code Ann. § 32.1-102.10 — Virginia Code / Title 32.1 / Chapter 4 / Article 1.1 / Section 32.1-102.10
Commencing project without certificate or registration grounds for refusing to issue license
Status: in_force

Commencing any project without a certificate or registration required by this article shall constitute grounds for refusing to issue a license for such project. Persons commencing any project without a certificate or registration as required by this article shall be subject to the penalties set forth in §§ 32.1-27 and 32.1-27.1 .

1982, c. 388; 2009, c. 175 ; 2020, c. 1271 .
Va. Code Ann. § 32.1-162.15:1.16 — Virginia Code / Title 32.1 / Chapter 5 / Article 7.2 / Section 32.1-162.15:1.16
Retaliation against reports of child or adult abuse or neglect
Status: in_force

No Center may retaliate in any manner against any person who in good faith reports adult or child abuse or neglect pursuant to Chapter 15 (§ 63.2-1501 et seq.) or Article 2 (§ 63.2-1603 et seq.) of Chapter 16 of Title 63.2.

2025, c. 451 .
Va. Code Ann. § 32.1-354 — Virginia Code / Title 32.1 / Chapter 14 / Section 32.1-354
Definitions
Status: in_force

As used in this chapter, unless the context clearly indicates otherwise:

"Agreement" means the agreement or agreements between the Commonwealth, as seller of the Tobacco Assets, and the Corporation, as purchaser of the Tobacco Assets. The sale by the Commonwealth of the Tobacco Assets pursuant to any such agreement shall be a true sale and not a borrowing.

"Board" means the Board of Trustees of the Foundation appointed pursuant to § 32.1-357 .

"Corporation" means the Tobacco Settlement Financing Corporation as created under state law.

"Director" means the director of the Foundation appointed pursuant to § 32.1-358 .

"Endowment" means the Virginia Tobacco Settlement Foundation Endowment established pursuant to § 32.1-361.1 .

"Foundation" means the Virginia Foundation for Healthy Youth, created pursuant to § 32.1-355 .

"Foundation Allocation" means 10 percent of the annual amount received under the Master Settlement Agreement by the Commonwealth, or that would have been received but for the sale of such allocation pursuant to an agreement, between the starting and ending dates specified in the agreement.

"Fund" means the Virginia Tobacco Settlement Fund established pursuant to § 32.1-360 .

"Period of sale" means the time during which a purchase under an agreement is entitled to receive the Foundation Allocation.

"Tobacco Assets" means all right, title, and interest in and to the portion of the Foundation Allocation that may be sold to the Corporation from time to time.

1999, cc. 880 , 962 ; 2007, c. 345 ; 2009, cc. 424 , 554 .
Va. Code Ann. § 32.1-164.1 — Virginia Code / Title 32.1 / Chapter 6 / Article 1 / Section 32.1-164.1
Appeals from denials of septic tank permits; inspections
Status: in_force

A. Whenever administrative action is taken to deny a septic tank permit or to grant a septic tank permit with conditions or to refuse to issue, or grant with conditions, a letter recognizing the appropriateness of onsite sewage site conditions in lieu of issuing an onsite sewage system permit, the applicant shall be advised in writing of the administrative remedies that are available to obtain a reversal of the denial or refusal or a modification or elimination of the conditions, or, if no further administrative remedies are available, of the right of appeal provided for hereinafter. After exhausting his administrative remedies, as set forth in § 32.1-164.1:1 et seq., any person aggrieved by a case decision of the Review Board shall have the right to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

The decision may be recorded in the land records of the clerk of the circuit court in the jurisdiction where all or part of the site or proposed site of the septic system is located so as to be binding notice to the public, including subsequent purchases of the land in question.

B. The holder of any permit for a septic tank issued with conditions shall have the permit recorded in the land records of the clerk of the circuit court having jurisdiction over the site of the septic system. The holder of the permit and any subsequent holders of the permit through land purchase or transfer shall be bound by the conditions stated in the permit unless the holder or subsequent holder obtains an additional permit for modification or alteration of the septic system to meet any new use conditions.

C. In adopting regulations prescribing criteria for the granting or denial of permits for septic tanks, the Board shall consider varying circumstances such as population density, extent of use of the septic tank and such other circumstances as may affect the stringency of the criteria necessary to protect the public health and promote the general welfare and may provide for the issuance of permits for septic tanks subject to such conditions as may be necessary to protect the public health.

D. Upon receipt of an application for a septic tank permit or a letter recognizing the appropriateness of onsite sewage site conditions in lieu of issuing onsite sewage system permits, the local health department shall notify the governing body of the county or city where the septic tank will be located or the official designated by the governing body for that purpose and shall provide such information concerning the application and the actions taken on the application as the governing body or officer may request.

E. Whenever a construction permit has been issued pursuant to an evaluation and design certified by a licensed professional engineer or onsite soil evaluator, the certifying licensed professional engineer or onsite soil evaluator shall inspect that system at the time of installation and provide an inspection report to the Department. The Department may, but is not required to, inspect the installation of such onsite sewage system. In the event that the certifying licensed professional engineer or onsite soil evaluator does not inspect the system in a timely manner or declines to certify that the installation was completed substantially in accordance with the evaluation and design, the owner may petition the Department to inspect the installation and render a final case decision approving or disapproving the installation. The Department shall not be required to convene an informal fact finding proceeding in accordance with § 2.2-4019 prior to rendering such decision.

Code 1950, § 32-9.01; 1979, c. 497; 1980, c. 503; 1984, cc. 457, 548; 1986, c. 615; 1994, c. 747 ; 2012, c. 184 .
Va. Code Ann. § 32.1-137.15 — Virginia Code / Title 32.1 / Chapter 5 / Article 1.2 / Section 32.1-137.15
Adverse determination; appeal
Status: in_force

Each entity shall establish an internal appeals process, including a process for urgent care appeals, to consider any adverse determination that is appealed by a covered person, his representative, or his provider in accordance with the provisions of § 38.2-3558 .

1998, c. 891 ; 1999, cc. 643 , 649 , 857 ; 2000, c. 922 ; 2010, c. 395 ; 2011, c. 788 .
Va. Code Ann. § 32.1-163.4 — Virginia Code / Title 32.1 / Chapter 6 / Article 1 / Section 32.1-163.4
Procedures for application backlogs; individuals approved to conduct evaluations for septic system or other onsite sewage system permit applications
Status: in_force

A. In any case where the local or district health department experiences a septic system or other onsite sewage system permit backlog of 15 working days from the application filing date, the Commissioner shall contract with licensed onsite soil evaluators for the field evaluation of the backlogged application sites. The Department shall review these evaluations and may approve the permit applications upon finding that the evaluations are in compliance with the Board's regulations implementing this chapter. The Department shall not be required to do a field check of the evaluation prior to issuing the permit; however, the Department may conduct such field analyses as deemed necessary to protect the integrity of the Commonwealth's environment.

B. The Board, Commissioner, and Department of Health shall accept private evaluations for septic system or other onsite sewage system permit applications only from licensed onsite soil evaluators.

C. The Board's regulations shall include a definition of backlog providing a set number or a percent of the received applications.

1994, c. 747 ; 2016, c. 90 .
Va. Code Ann. § 32.1-218 — Virginia Code / Title 32.1 / Chapter 6 / Article 7 / Section 32.1-218
Fees
Status: in_force

The Board shall set the annual fees imposed for licenses and permits issued pursuant to this article. All fees collected shall be deposited and held by the Department in a separate fund, from which shall be paid all expenditures necessary in carrying out the provisions of this article.

Code 1950, § 32-120.1; 1954, c. 666; 1956, c. 530; 1970, c. 578; 1976, c. 317; 1979, c. 711.
Va. Code Ann. § 32.1-326.2 — Virginia Code / Title 32.1 / Chapter 10 / Article 1 / Section 32.1-326.2
Pilot school/community health centers
Status: in_force

The Department of Medical Assistance Services, in cooperation with the Department of Education, shall, consistent with the biennium budget cycle, examine and may revise the funding and components of the pilot school/community health centers. Any revisions shall be designed to maximize access to health care for poor children, and to improve the funding by making use of every possible, cost-effective means, Medicaid reimbursement or program. Any revisions shall be focused on prevention of large costs for acute or medical care and may include, but not be limited to:

1. Funding sources and means of distribution for the state match which will clearly demonstrate that local governments are not funding the state match for these centers.

2. The benefits and drawbacks of allowing school divisions to provide services to disabled students as Medicaid providers.

3. The appropriate credentials of the providers of care in the school health centers, e.g., licensure by the Board of Education and compliance with federal requirements or licensure by a regulatory board within the Department of Health Professions.

4. Utilization of the individualized education plan, when signed by a physician, as the plan of care authorizing services.

5. Delivery of medically necessary services, such as rehabilitation services, psychiatric and psychological evaluations and therapy, transportation, and nursing.

6. Payment for Early and Periodic Screening, Diagnosis and Treatment (EPSDT) services, with proper medical oversight, in consultation with the students' primary care physicians.

7. The role of the Medallion and Options programs in regard to the school health centers and flexibility for school divisions regarding any required referrals.

Any funds necessary to support revisions to the school/community health center projects shall be included in the budget estimates for the departments, as appropriate.

1996, c. 864 .
Va. Code Ann. § 32.1-358 — Virginia Code / Title 32.1 / Chapter 14 / Section 32.1-358
Appointment of director; counsel to the Board and Foundation
Status: in_force

A. Subject to confirmation by the General Assembly, the Governor shall appoint a director, whose compensation shall be determined by the Board, subject to approval by the Governor, and who shall also be the secretary of the Board. The director shall administer, manage and direct the affairs and business of the Foundation in accordance with the provisions of this chapter, subject to the policies, control and direction of the Board. The Board may employ technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. The Board may delegate to one or more of its agents or employees such administrative duties as it may deem proper. The actual expenses incurred in the performance of such duties shall be paid from the Fund.

B. The Office of the Attorney General shall provide counsel to the Board and the Foundation.

1999, cc. 880 , 962 ; 2000, c. 1067 .
Va. Code Ann. § 32.1-73.28:1 — Virginia Code / Title 32.1 / Chapter 2 / Article 23 / Section 32.1-73.28:1
(Effective January 1, 2027) Menstrual products ingredient labeling; civil penalty
Status: in_force

A. As used in this section:

"Confidential substance" means any element or substance that a manufacturer has added to a menstrual product that serves a technical or functional purpose in the finished menstrual product and:

1. For which a claim has been approved by the U.S. Environmental Protection Agency for inclusion on the confidential portion of the Toxic Substances Control Act Chemical Substance Inventory, established pursuant to 15 U.S.C. § 2607(b) and 40 C.F.R. Part 710;

2. For which the manufacturer of the menstrual products or the supplier of the substance claims protection under the federal Defend Trade Secrets Act of 2016 (18 U.S.C. § 1836 et seq.); or

3. That is generally recognized as safe by the U.S. Food and Drug Administration pursuant to 21 C.F.R. § 170.30.

"Ingredient" means any intentionally added substance present in a menstrual product that serves a technical or functional purpose in the finished product, provided that the substance or the combination of substances is not considered a confidential substance.

"Label" means a display of written, printed, or graphic material on or affixed to a container in which the menstrual products are distributed.

"Menstrual product" means a disposable or reusable product manufactured for the purpose of catching menstruation and vaginal discharge, including a tampon, sanitary pad, disc, menstrual cup, and menstrual underwear.

"Package or box containing menstrual products" does not include packaging used exclusively for shipping purposes.

B. Each package or box containing menstrual products manufactured for sale or distribution within the Commonwealth shall contain a label of all ingredients that are included within such menstrual products, with such ingredients listed in descending order of predominance. The label shall be displayed by the manufacturer in a manner that is visible and easy for the consumer to understand. A manufacturer that changes, adds, or removes an ingredient of a menstrual product shall make changes to the label required pursuant to this subsection reflecting such change, addition, or removal within 18 months of such change, addition, or removal. The provisions of this subsection shall not restrict the continued sale of menstrual products manufactured before January 1, 2027.

C. A manufacturer of menstrual products shall post on its website (i) the label information required to be disclosed on each package or box containing menstrual products pursuant to subsection B and (ii) information regarding any change to the label on a menstrual product required pursuant to subsection B after changing, adding, or removing an ingredient within six months of such change, addition, or removal. The manufacturer may use technologies, including a digital link, to communicate information pursuant to this section.

D. No manufacturer of menstrual products sold within the Commonwealth shall be required under this section to disclose a confidential substance on a package or box or on its website. If a manufacturer declines to disclose a confidential substance on a package or box containing menstrual products or on its website in order to protect the identity of such confidential substance, such manufacturer shall include such confidential substance by its common name with the label information required to be disclosed on each package or box containing menstrual products pursuant to subsection B.

E. Any violation of this section shall constitute a prohibited practice under § 59.1-200 and shall be subject to the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).

2026, c. 249 .
Va. Code Ann. § 32.1-137.9 — Virginia Code / Title 32.1 / Chapter 5 / Article 1.2 / Section 32.1-137.9
Requirements and standards for utilization review entities
Status: in_force

A. Each entity shall establish reasonable and prudent standards and criteria to be applied in utilization review determinations with input from physician advisors representing major areas of specialty and certified by the boards of the various American medical specialties. Such standards shall be objective, clinically valid, and compatible with established principles of health care. Such standards shall further be established so as to be sufficiently flexible to allow deviations from norms when justified on case-by-case bases.

The entity shall make available to any provider or covered person, upon written request, a list of such physician advisors and their major areas of specialty, as well as the standards and criteria established in accordance with this section except as prohibited in accordance with copyright laws.

B. An adverse determination shall be made only in accordance with § 32.1-137.13 .

C. Each entity shall have a process for reconsideration of an adverse determination in accordance with § 32.1-137.14 and an appeals process in accordance with § 32.1-137.15 .

D. Each entity shall make arrangements to use the services of physician advisors who are specialists in the various categories of health care on "per need" or "as needed" bases in conducting utilization review.

E. Each entity shall have review staff who are properly qualified, trained and supervised, and supported by a physician advisor, to carry out its review determinations.

F. Each entity shall notify its covered persons of the review process, including the appeals process, and shall so notify the covered person's provider upon written request by the provider. An Evidence of Coverage shall contain a clear and complete statement, if a contract, or a reasonably complete summary, if a certificate, of the process for reconsideration of an adverse determination rendered under § 32.1-137.13 , as required by § 32.1-137.14 , and the process for internal appeal from an adverse determination under § 32.1-137.15 .

G. Each entity shall communicate its utilization review decision no later than two business days after receipt by the entity of all information necessary to complete the review.

H. Each entity shall have a representative, authorized to approve utilization review determinations, available to covered persons and providers in accordance with § 32.1-137.11 .

I. The Commissioner shall have the right to determine that an entity has complied with the requirement that the entity establish reasonable and prudent requirements and standards pursuant to this section.

1998, c. 891 ; 2011, c. 788 .
Va. Code Ann. § 32.1-300 — Virginia Code / Title 32.1 / Chapter 8 / Article 3 / Section 32.1-300
Records of bodies distributed
Status: in_force

The Commissioner shall keep a record of all bodies received and distributed, together with data pertaining to the disposition thereof.

Code 1950, § 32-355; 1979, c. 711.
Va. Code Ann. § 32.1-212 — Virginia Code / Title 32.1 / Chapter 6 / Article 7 / Section 32.1-212
Definitions
Status: in_force

As used in this article unless the context otherwise requires:

"Bedding" means any mattress, mattress pad, box spring, upholstered bed, davenport, upholstered sofa bed, quilted pad, comforter, bolster, cushion, pillow, featherbed, sleeping bag, or any other bag, case or cover made of leather, textile or other material which is stuffed or filled in whole or in part with concealed substance, which can be used by any human being for sleeping or reclining purposes.

"Filling material" means cotton, wool, feathers, kapok, down, plant or vegetable fibers, or any other material or substance or combination thereof, loose or in batting, pads, or any prefabricated form, that is used or that may be used in articles of bedding or upholstered furniture.

"Importer" means any person who for the purpose of manufacture or resale receives bedding, upholstered furniture or filling material from any country other than the United States.

"New" means not previously used for any purpose. Manufacturing processes shall not be considered a prior use.

"Sanitize" means to reduce the level of microbiological agents to a level not injurious to health.

"Secondhand" means having been made prior use of or containing any filling material of which prior use has been made.

"Shoddy" means any material which has been spun into yarn, knit or woven into fabric and subsequently cut up, torn up, broken or ground up.

"Sterilize" means to render free of viable microbiological agents.

"Upholstered furniture" means any article of furniture designed to be used for sitting, resting, or reclining that is wholly or partly stuffed or filled with any filling material.

Code 1950, § 32-117; 1952, c. 530; 1956, c. 530; 1979, c. 711; 2005, c. 391 .
Va. Code Ann. § 32.1-137.17 — Virginia Code / Title 32.1 / Chapter 5 / Article 1.2 / Section 32.1-137.17
Limitation on Commissioner's jurisdiction
Status: in_force

The Commissioner shall have the right to determine compliance with this article; however, the Commissioner shall have no jurisdiction to adjudicate individual controversies arising out of or incidental to this article.

1998, c. 891 .
Va. Code Ann. § 32.1-244.1 — Virginia Code / Title 32.1 / Chapter 6 / Article 9 / Section 32.1-244.1
Repealed
Status: repealed

Repealed by Acts 1992, c. 203.
Va. Code Ann. § 32.1-69 — Virginia Code / Title 32.1 / Chapter 2 / Article 8 / Section 32.1-69
Records confidential; disclosure of results of screening
Status: in_force

The results of any particular screening program shall be sent to the physician of the person tested, if known, and either to the parents when the person screened is under the age of eighteen or to the person if he is eighteen years of age or over. The results of a screening program may be used for research and collective statistical purposes. Except as hereinabove provided, all records maintained as part of any screening program shall be strictly confidential and shall be accessible only to the Board, the Commissioner or his agents or to the local health director who is conducting the screening program except by explicit permission of the person who has been screened if such person is eighteen years of age or over or of such person's parent or guardian if he is under age eighteen.

Code 1950, § 32-112.23; 1973, c. 212; 1979, c. 711.
Va. Code Ann. § 32.1-11.2 — Virginia Code / Title 32.1 / Chapter 1 / Article 2 / Section 32.1-11.2
Regional AIDS resource and consultation centers; HIV early intervention centers
Status: in_force

Utilizing existing state and local facilities and from such funds as are appropriated for this purpose, the Board of Health shall provide grants for no more than five regional AIDS resource and consultation centers and four HIV early intervention centers.

Each regional AIDS resource and consultation center shall be designed to address the need for expanded medical care and support services for persons with human immunodeficiency virus infection through education of health care professionals on a broad range of AIDS-related issues, clinical training for health care practitioners and students, medical consultation to community physicians and other health care providers, provision of current technical medical materials such as manuals and protocols for the management of HIV infection and medical literature, facilitation of access to health services, mental health and substance abuse services, support services and case management for HIV-infected persons. The regional AIDS resource and consultation centers shall cooperate with at least one of the medical schools located in the Commonwealth.

Each HIV early intervention center shall supply medical care and support services for persons with human immunodeficiency virus infection in accordance with its agreement with the Commissioner of Health.

The Board shall establish criteria for award of the grants. The criteria for the grants for the regional AIDS resource and consultation centers shall include, but not be limited to: (i) priority targeting of funds for services to high risk populations; (ii) geographical distribution of the centers in order to provide equal access to services throughout the Commonwealth; (iii) pro rata apportionment of funds according to the number of cases of acquired immunodeficiency syndrome in the various areas of the Commonwealth; (iv) development of innovative and flexible approaches to provision of services tailored to the specific needs of patients in the region; and (v) extensive community involvement.

1989, c. 613; 1993, c. 664; 1994, c. 610 .
Va. Code Ann. § 32.1-176.3 — Virginia Code / Title 32.1 / Chapter 6 / Article 2.1 / Section 32.1-176.3
Definitions
Status: in_force

As used in this article:

"Construction of wells" means acts necessary to construct wells, including the location of wells.

"Plat" or "survey plat" means the schematic representation of a parcel of land, showing the property boundaries, the proposed site of the water well, and any potential sources of contamination, prepared by an individual licensed by the Commonwealth to perform such services.

"Private well" means any water well constructed for a person on land which is owned or leased by that person and is usually intended for household, ground water source heat pump, agricultural use, industrial use or other nonpublic water well.

"Site plan" means a sketch of a parcel of land, showing the property boundaries, the proposed site of the water well, and any potential sources of contamination.

1986, c. 401; 2009, c. 59 .
Va. Code Ann. § 32.1-162.1 — Virginia Code / Title 32.1 / Chapter 5 / Article 7 / Section 32.1-162.1
Definitions
Status: in_force

As used in this article unless a different meaning or construction is clearly required by the context or otherwise:

"Hospice" means a coordinated program of home and inpatient care provided directly or through an agreement under the direction of an identifiable hospice administration providing palliative and supportive medical and other health services to terminally ill patients and their families. A hospice utilizes a medically directed interdisciplinary team. A hospice program of care provides care to meet the physical, psychological, social, spiritual and other special needs which are experienced during the final stages of illness, and during dying and bereavement. Hospice care shall be available twenty-four hours a day, seven days a week.

"Hospice facility" means an institution, place, or building owned or operated by a hospice provider and licensed by the Department to provide room, board, and appropriate hospice care on a 24-hour basis, including respite and symptom management, to individuals requiring such care pursuant to the orders of a physician. Such facilities with 16 or fewer beds are exempt from Certificate of Public Need laws and regulations. Such facilities with more than 16 beds shall be licensed as a nursing facility or hospital and shall be subject to Certificate of Public Need laws and regulations.

"Hospice patient" means a diagnosed terminally ill patient, with an anticipated life expectancy of six months or less, who, alone or in conjunction with designated family members, has voluntarily requested admission and been accepted into a licensed hospice program.

"Hospice patient's family" shall mean the hospice patient's immediate kin, including a spouse, brother, sister, child or parent. Other relations and individuals with significant personal ties to the hospice patient may be designated as members of the hospice patient's family by mutual agreement among the hospice patient, the relation or individual, and the hospice team.

"Identifiable hospice administration" means an administrative group, individual or legal entity that has a distinct organizational structure, accountable to the governing authority directly or through a chief executive officer. This administration shall be responsible for the management of all aspects of the program.

"Inpatient" means the provision of services, such as food, laundry, housekeeping, and staff to provide health or health-related services, including respite and symptom management, to hospice patients, whether in a hospital, nursing facility, or hospice facility.

"Interdisciplinary team" means the patient and the patient's family, the attending physician, and the following hospice personnel: physician, nurse, social worker, and trained volunteer. Physician assistants and providers of special services, such as clergy, mental health, pharmacy, and any other appropriate allied health services, may also be included on the team as the needs of the patient dictate.

"Palliative care" means treatment directed at controlling pain, relieving other symptoms, and focusing on the special needs of the patient and family as they experience the stress of the dying process, rather than the treatment aimed at investigation and intervention for the purpose of cure or prolongation of life.

1981, c. 346; 2007, c. 397 ; 2022, c. 151 .
Va. Code Ann. § 32.1-138.2 — Virginia Code / Title 32.1 / Chapter 5 / Article 2 / Section 32.1-138.2
Certain contract provisions prohibited
Status: in_force

No contract or agreement for nursing home care shall contain any provisions which restrict or limit the ability of a resident to apply for and receive Medicaid or which require a specified period of residency prior to applying for Medicaid. The resident may be required to notify the facility when an application for Medicaid has been made. No contract or agreement may require a deposit or other prepayment from Medicaid recipients. No contract or agreement shall contain provisions authorizing the facility to refuse to accept retroactive Medicaid benefits.

1987, c. 221.
Va. Code Ann. § 32.1-137.011 — Virginia Code / Title 32.1 / Chapter 5 / Article 1 / Section 32.1-137.011
Childbirth; postpartum process; doulas
Status: in_force

A. For the purposes of this section:

"Birth" includes both vaginal birth and cesarean section.

"Doula" means a person who provides physical, emotional, and informational support to a pregnant person before, during, and after pregnancy.

"Postpartum process" means the biologic process that happens to both the newborn and birthing person after delivery due to endogenous hormone systems.

B. A health care facility that provides services related to labor and childbirth shall develop policies that:

1. Allow every birthing person to have a companion or doula with the person during birth in addition to a partner or spouse when a partner or spouse is permitted to be present;

2. At the discretion of the treating physician, allow every birthing person to have a companion or doula with the person during birth when a partner or spouse is not permitted to be present;

3. Prioritize newborns bonding with their families in order to facilitate the postpartum process;

4. Will not exclude from care any person giving birth, or interrupt the process of birth without the informed consent of the birthing person, unless at the discretion of the treating physician;

5. Detail the facility's process related to receiving a pregnant person's patient information from any provider regulated under Title 54.1 who has provided care for the pregnant person;

6. Establish processes to transfer and receive pregnant persons across levels of care of licensed facilities within the facility's capacity and capability; and

7. Establish a process to receive individuals who are pregnant, giving birth, or in the postpartum process from locations other than licensed facilities, including a process to receive verbal and written information from individuals with relevant information, including family members, doulas, or a health care provider regulated under Title 54.1.

2025, c. 589 .
Va. Code Ann. § 32.1-48.05 — Virginia Code / Title 32.1 / Chapter 2 / Article 3.02 / Section 32.1-48.05
Application of article; determination of exceptional circumstances; regulations; duties of the State Health Commissioner not be delegated
Status: in_force

A. Upon a determination by the State Health Commissioner that exceptional circumstances exist relating to one or more persons in the Commonwealth who are known to have been exposed to or infected with or reasonably suspected to have been exposed to or infected with a communicable disease of public health threat and that such exceptional circumstances render the procedures of Article 3.01 (§ 32.1-48.01 et seq.) of this chapter to be insufficient control measures or that the individuals have failed or refused to comply voluntarily with the control measures directed by the State Health Commissioner in response to a communicable disease of public health threat, the State Health Commissioner may invoke the provisions of this article relating to quarantine and isolation.

B. The Board of Health shall promulgate regulations for the implementation of this article that shall (i) address the circumstances that are subject to the application of Article 3.01 (§ 32.1-48.01 et seq.) of this chapter and the exceptional circumstances in which this article may be invoked by the State Health Commissioner; (ii) provide procedures to assure that any quarantine or isolation is implemented in the least restrictive environment; (iii) ensure that the essential needs of persons subject to an order of isolation issued pursuant to this article shall be met, including, but not limited to, food, water, and health care, e.g., medications, therapies, testing, and durable medical equipment; (iv) provide procedures for proper notice of orders of quarantine and orders of isolation; (v) provide procedures for the State Health Commissioner to issue an emergency detention order for persons for whom he has probable cause to believe that they may fail or refuse to comply with an order of quarantine or an order of isolation; and (vi) address any other issue or procedure covered herein that the Board deems to be properly the subject of regulation.

C. The powers granted to the State Health Commissioner pursuant to this article shall not be delegated to or invoked by any local or district health department director. However, in the event the State Health Commissioner, duly appointed and confirmed pursuant to § 32.1-17 , shall be unable to perform his duties pursuant to this article, any Deputy Commissioner, appointed by the State Health Commissioner and approved by the Board pursuant to § 32.1-22 , shall be authorized to invoke the provisions of this article.

2004, cc. 773 , 1021 .
Va. Code Ann. § 32.1-71.02 — Virginia Code / Title 32.1 / Chapter 2 / Article 9 / Section 32.1-71.02
Notification of cancer patients of statewide cancer registry reporting
Status: in_force

A. Any physician diagnosing a malignant tumor or cancer shall, at such time and in such manner as considered appropriate by such physician, notify each patient whose name and record abstract is required to be reported to the statewide cancer registry pursuant to § 32.1-70 that personal identifying information about him has been included in the registry as required by law. Any physician required to so notify a patient that personal identifying information about him has been included in the cancer registry may, when, in the opinion of the physician, such notice would be injurious to the patient's health or well-being, provide the required notice to the patient's authorized representative or next of kin in lieu of notifying the patient.

B. Upon request to the statewide cancer registry, the patient whose personal identifying information has been submitted to such registry shall have a right to know the identity of the reporter of his information to such registry.

2000, c. 918 ; 2003, cc. 540 , 548 .
Va. Code Ann. § 32.1-138.4 — Virginia Code / Title 32.1 / Chapter 5 / Article 2 / Section 32.1-138.4
Retaliation or discrimination against complainants
Status: in_force

No nursing facility may retaliate or discriminate in any manner against any person who (i) in good faith complains or provides information to, or otherwise cooperates with, the Department or any other agency of government or any person or entity operating under contract with an agency of government, having responsibility for protecting the rights of patients of nursing facilities or (ii) attempts to assert any right protected by state or federal law.

1994, c. 941 .
Va. Code Ann. § 32.1-166.10 — Virginia Code / Title 32.1 / Chapter 6 / Article 1.1 / Section 32.1-166.10
Appeals fees
Status: in_force

The Department shall establish a reasonable fee to be charged to the appealing party commensurate with the time and expenses related to the handling of each appeal.

1984, c. 457; 1994, c. 747 .
Va. Code Ann. § 32.1-164.8 — Virginia Code / Title 32.1 / Chapter 6 / Article 1 / Section 32.1-164.8
Onsite Operation and Maintenance Fund established
Status: in_force

There is hereby created in the state treasury a special nonreverting fund to be known as the Onsite Operation and Maintenance Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. All fees collected pursuant to subsection H of § 32.1-164 shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of supporting the operation and maintenance of onsite systems, including but not limited to (i) training operators and (ii) supporting the reporting system required by subsection H of § 32.1-164 . Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by Commissioner.

2007, c. 892 .
Va. Code Ann. § 32.1-127.1:04 — Virginia Code / Title 32.1 / Chapter 5 / Article 1 / Section 32.1-127.1:04
Use or disclosure of certain protected health information required
Status: in_force

A. The coordination of prevention and control of disease, injury, or disability and the delivery of health care benefits are hereby declared to be (i) necessary public health activities; (ii) necessary health oversight activities for the integrity of the health care system; and (iii) necessary to prevent serious harm and serious threats to the health and safety of individuals and the public.

B. The Departments of Health, Medical Assistance Services, Behavioral Health and Developmental Services, and Social Services, and the Departments for Aging and Rehabilitative Services, the Blind and Vision Impaired, and the Deaf and Hard-of-Hearing, or any successors in interest thereof shall establish a secure system for sharing protected health information that may be necessary for the coordination of prevention and control of disease, injury, or disability and for the delivery of health care benefits when such protected information concerns individuals who (i) have contracted a reportable disease, including exposure to a toxic substance, as required by the Board of Health pursuant to § 32.1-35 or other disease or disability required to be reported by law; (ii) are the subjects of public health surveillance, public health investigations, or public health interventions or are applicants for or recipients of medical assistance services; (iii) have been or are the victims of child abuse or neglect or domestic violence; or (iv) may present a serious threat to health or safety of a person or the public or may be subject to a serious threat to their health or safety. For the purposes of this section, "public health interventions" shall include the services provided through the Departments for Aging and Rehabilitative Services, the Blind and Vision Impaired, and the Deaf and Hard-of-Hearing, or any successors in interest thereof.

Pursuant to the regulations concerning patient privacy promulgated by the federal Department of Health and Human Services, covered entities may disclose protected health information to the secure system without obtaining consent or authorization for such disclosure. Such protected health information shall be used exclusively for the purposes established in this section.

C. The Office of the Attorney General shall advise the Departments of Health, Medical Assistance Services, Behavioral Health and Developmental Services, and Social Services and the Departments for Aging and Rehabilitative Services, the Blind and Vision Impaired, and the Deaf and Hard-of-Hearing, or any successors in interest thereof, in the implementation of this section.

2002, c. 835 ; 2003, c. 464 ; 2009, cc. 813 , 840 ; 2012, cc. 803 , 835 .
Va. Code Ann. § 32.1-102.3:3 — Virginia Code / Title 32.1 / Chapter 4 / Article 1.1 / Section 32.1-102.3:3
Repealed
Status: repealed

Repealed by Acts 1992, c. 612.
Va. Code Ann. § 32.1-207 — Virginia Code / Title 32.1 / Chapter 6 / Article 6 / Section 32.1-207
Inspection; issuance of permit; permits nontransferable
Status: in_force

If, after inspection by the Commissioner or his designee, the Commissioner finds that the camp or the proposed operation of the camp for which an application is submitted pursuant to § 32.1-206 conforms or will conform to the provisions of this article and any applicable regulations, the Commissioner shall issue a permit for the operation of the camp. A permit shall not be transferable and shall expire 12 months from the date of issuance.

Code 1950, § 32-416; 1962, c. 251; 1979, c. 711; 2026, cc. 17 , 18 .
Va. Code Ann. § 32.1-291.3 — Virginia Code / Title 32.1 / Chapter 8 / Article 2 / Section 32.1-291.3
Applicability of Act
Status: in_force

This Act applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

2007, cc. 92 , 907 .
Va. Code Ann. § 32.1-214 — Virginia Code / Title 32.1 / Chapter 6 / Article 7 / Section 32.1-214
New animal hair, feathers and down to be sterilized
Status: in_force

No person shall use in the making, remaking, reupholstering or renovating of any bedding or upholstered furniture any new animal hair, new feathers or new down unless such new animal hair, new feathers or new down shall have been sterilized by a reasonable process approved by the Commissioner.

1979, c. 711.
Va. Code Ann. § 32.1-249 — Virginia Code / Title 32.1 / Chapter 7 / Article 1 / Section 32.1-249
Definitions
Status: in_force

As used in this chapter:

"Dead body" means a human body or such parts of such human body from the condition of which it reasonably may be concluded that death occurred.

"Fetal death" means death prior to the complete expulsion or extraction from its mother of a product of human conception, regardless of the duration of pregnancy; death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.

a. "Induced termination of pregnancy" means the intentional interruption of pregnancy with the intention to produce other than a live-born infant or to remove a dead fetus and which does not result in a live birth.

b. "Spontaneous fetal death" means the expulsion or extraction of a product of human conception resulting in other than a live birth and which is not an induced termination of pregnancy.

"File" means the presentation of a vital record provided for in this chapter for registration by the Department.

"Final disposition" means the burial, interment, cremation, removal from the Commonwealth or other authorized disposition of a dead body or fetus.

"Institution" means any establishment, public or private, which provides inpatient medical, surgical, or diagnostic care or treatment, or nursing, custodial or domiciliary care, or to which persons are committed by law.

"Live birth" means the complete or substantial expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. As used in this definition, "substantial expulsion or extraction" means, in the case of a headfirst presentation, the infant's entire head is outside the body of the mother or, in the case of a breech delivery, when any part of the infant's trunk past the navel is outside the body of the mother.

"Physician" means a person authorized or licensed to practice medicine or osteopathy in this Commonwealth.

"Registration" means the acceptance by the Department and the incorporation of vital records as provided for in this chapter into its official records.

"System of vital records" means the registration, collection, preservation, amendment, and certification of vital records; the collection of other reports required by this chapter; and related activities.

"Vital records" means certificates or reports of births, deaths, fetal deaths, adoptions, marriages, divorces or annulments and amendment data related thereto.

Code 1950, § 32-353.4; 1960, c. 451; 1975, c. 267; 1979, c. 711; 1983, c. 240; 2003, cc. 961 , 963 ; 2020, c. 922 .
Va. Code Ann. § 32.1-377 — Virginia Code / Title 32.1 / Chapter 21 / Section 32.1-377
Definitions
Status: in_force

As used in this chapter, unless the context requires a different meaning:

"Abusive litigation" means:

1. Litigation or other legal action intended to deter, prevent, sanction, or punish any person engaging in protected health care activity by prosecuting any action in any jurisdiction other than the Commonwealth where liability, in whole or part, directly or indirectly, is based on protected health care activity that occurred in the Commonwealth, including any action in which liability is based on any theory of vicarious or joint and several liability derived therefrom. A lawsuit shall be considered to be based on conduct that occurred in the Commonwealth if any part of any act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in the Commonwealth, whether or not such act or omission is alleged or included in any pleading or other filing in the lawsuit; or

2. Any attempt to enforce any order or judgment issued in connection with any such action by any party to an action described in subdivision 1 or any person acting on behalf of a party to the action.

"Abusive litigation" does not include legal actions or judgments commenced or entered in another jurisdiction that are based upon conduct for which a cause of action exists under the laws of the Commonwealth if the conduct that forms the basis for liability has occurred entirely within the Commonwealth, including any contract, tort, common law, or statutory claims.

"Criminal justice agency" means the same as that term is defined in § 9.1-101 .

"Law-enforcement officer" means those persons identified in the definitions of "law-enforcement officer" in § 9.1-101 and subsection H of § 18.2-57 .

"Protected health care activity" means the provision or receipt, attempted provision or receipt, or assistance or attempted assistance in the provision or receipt of health care that is lawful in the Commonwealth by a health care provider licensed under the laws of the Commonwealth and physically present in the Commonwealth. "Protected health care activity" includes all behavioral health, diagnostic, medical, mental health, pharmaceutical, preventative, psychiatric, psychological, rehabilitative, support, surgical, or therapeutic care services and any supplies, assessment, diagnosis, treatment, procedure, prescription, test, medication, advice, or other service related to such care.

"Provision" and "receipt" of health care mean the providing of such care, the receiving of such care, assisting in the providing or receiving of such care, or materially supporting the providing or receiving of such care.

2026, c. 905 .
Va. Code Ann. § 32.1-137.5 — Virginia Code / Title 32.1 / Chapter 5 / Article 1.1 / Section 32.1-137.5
Civil penalties; probation; suspension; restriction or prohibition of new enrollments to managed care health insurance plan licensee; revocation or nonrenewal of certificate of quality assurance; appeal process; correction
Status: in_force

A. In accordance with applicable regulations of the Board and in consultation with the Bureau of Insurance, the Commissioner (i) may impose civil penalties, which shall not exceed $1,000 per incident of noncompliance, to a maximum of $10,000 for a series of related incidents of noncompliance, (ii) may place a certificate holder on probation, (iii) may temporarily suspend a certificate of quality assurance of a managed care health insurance plan licensee, (iv) may, with the concurrence of the Bureau of Insurance, temporarily restrict or prohibit new enrollments into a managed care health insurance plan, or (v) may revoke or not renew a certificate of quality assurance and certify to the State Corporation Commission that a managed care health insurance plan licensee or its managed care health insurance plan is unable to fulfill its obligations to furnish quality health care services as set forth in this article. Fines payable under this section shall be paid into the Literary Fund.

B. When examination or review or complaint investigation by the Department results in a finding of noncompliance with the provisions of this article or the regulations of the Board, the managed care health insurance plan licensee or applicant shall be provided written notice and a report specifying the findings of noncompliance and providing an opportunity to be heard in no fewer than thirty days by the Commissioner's adjudication officer in a proceeding under § 2.2-4019 . A copy of the notice and report shall be provided to the Bureau of Insurance. Such proceeding shall be separate from the regulatory office of the Department that conducted the examination, review, or investigation and shall be closed and confidential. The records of the proceedings shall be privileged and confidential and shall not be subject to subpoena.

The adjudication officer shall provide a recommendation to the Commissioner, including findings of fact, conclusions, and appropriate disciplinary action or sanction. The Commissioner shall promptly notify the Bureau of Insurance if the recommended disciplinary action or sanction proposes probation, suspension, nonrenewal, or revocation of a certificate of quality assurance, or the temporary restriction or prohibition of new enrollments in a managed care health insurance plan. The Commissioner may affirm, modify, or reverse such recommendation and shall issue a final decision.

The Commissioner's decision may be appealed directly to a circuit court under Article 4 (§ 2.2-4025 et seq.) of the Administrative Process Act. The only parties to the case shall be the managed care health insurance plan licensee and the Department. The Commissioner shall promptly notify the Bureau of Insurance of the commencement and final determination of an appeals proceeding.

C. If a certificate of quality assurance has been revoked or suspended or a certificate holder has been placed on probation, a new certificate may be issued or the suspension may be terminated or the probation removed by the Commissioner after satisfactory evidence is submitted to him that the conditions upon which revocation, suspension, or probation was based have been corrected and after proper examination has been made and compliance with all provisions of this article and the regulations of the Board has been shown.

1998, c. 891 .
Va. Code Ann. § 32.1-122.20 — Virginia Code / Title 32.1 / Chapter 4 / Article 8 / Section 32.1-122.20
Recruitment and retention of health care providers
Status: in_force

The Commissioner shall direct the Commonwealth's activities and programs for recruiting and retaining health care providers for underserved populations, underserved areas, and health professional shortage areas (HPSAs) designated throughout the Commonwealth. The duties and responsibilities of the Commissioner shall include:

1. Designating and updating as necessary the designation of underserved areas that meet the criteria established by the Board pursuant to § 32.1-122.5 ;

2. Designating and updating as necessary those areas of the state which meet the criteria of dental, primary care, and mental health professional shortage areas as provided in 42 C.F.R. Part 5;

3. Administering any scholarship and loan repayment programs pursuant to Article 6 (§ 32.1-122.5 et seq.) of this chapter that are not administered by the Virginia Health Workforce Development Authority as well as any other programs or activities authorized in the appropriation act for recruiting and retaining providers for the Commonwealth's underserved populations, underserved areas, and HPSAs that are not administered by the Virginia Health Workforce Development Authority;

4. Recruiting health care providers, residents, and students in Virginia and other states to care for Virginia's underserved populations and practice in underserved areas and HPSAs throughout the Commonwealth;

5. Publicizing the functions, programs, and activities of the Department available to assist providers in establishing a practice in underserved areas and HPSAs throughout the Commonwealth;

6. Coordinating the Department's health workforce activities with other state agencies as well as public and private entities in Virginia involved in health workforce training, recruitment, and retention; and

7. Identifying and recommending to the Governor and the General Assembly new programs, activities, and strategies for increasing the number of providers practicing in Virginia's underserved areas and HPSAs and serving Virginia's underserved populations.

2000, cc. 175 , 200 ; 2011, c. 37 ; 2026, cc. 25 , 430 .
Va. Code Ann. § 32.1-17 — Virginia Code / Title 32.1 / Chapter 1 / Article 3 / Section 32.1-17
Appointment of Commissioner; qualifications; term
Status: in_force

A. There shall be a State Health Commissioner appointed by the Governor, subject to confirmation by each house of the General Assembly. The Commissioner shall be a physician licensed to practice medicine in this Commonwealth and shall be certified by the American Board of Preventive Medicine or a recognized board in a primary care specialty as approved by the American Board of Medical Specialties, experienced in public health duties, sanitary science and environmental health, and otherwise qualified to execute the duties incumbent upon him by law.

B. The Commissioner shall be appointed for a term coincident with that of the Governor and shall serve at the pleasure of the Governor.

Code 1950, §§ 32-23, 32-25; 1979, c. 711; 2000, c. 168 .
Va. Code Ann. § 32.1-176.2 — Virginia Code / Title 32.1 / Chapter 6 / Article 2.1 / Section 32.1-176.2
Findings and policy
Status: in_force

The General Assembly finds that the improper construction of private wells can adversely affect aquifers as ground water resources in the Commonwealth. Consistent with the duty to protect these ground water resources and to safeguard the public welfare, safety and health it is declared to be the policy of this Commonwealth to require that the construction and location of private wells conform to reasonable requirements.

1986, c. 401.
Va. Code Ann. § 32.1-291.19 — Virginia Code / Title 32.1 / Chapter 8 / Article 2 / Section 32.1-291.19
Law governing validity; choice of law as to execution of document of gift; presumption of validity
Status: in_force

A. A document of gift is valid if executed in accordance with:

1. This Act;

2. The laws of the state or country where it was executed; or

3. The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.

B. If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.

C. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

2007, cc. 92 , 907 .
Va. Code Ann. § 32.1-164.10 — Virginia Code / Title 32.1 / Chapter 6 / Article 1 / Section 32.1-164.10
Alternative onsite sewage system general approval process
Status: in_force

A. For the purposes of this section:

"General approval" means approval of a treatment unit that has been evaluated in accordance with the requirements of Board regulations and Department policies and approved for effluent that has been treated to a quality specified by the Board in accordance with Board regulations and Department policies.

"Treatment level 3" means effluent that has been treated to produce five-day biochemical oxygen demand and total suspended solid concentrations equal to or less than 10 milligrams per liter.

"Treatment unit" means a method, technique, piece of equipment, or process other than a septic tank used to treat sewage to produce effluent of a specified quality before the effluent is dispersed to a soil treatment area.

B. A treatment unit that has not been field tested to evaluate treatment level 3 performance in accordance with the applicable Board regulations and Department policies for use as an alternative onsite sewage system shall be generally approved by the Department as a treatment level 3 system if:

1. The treatment unit is certified to comply with NSF/ANSI 350 - Onsite Residential and Commercial Water Reuse Treatment Systems; or

2. The treatment unit is certified to comply with NSF/ANSI 245 - Residential Wastewater Treatment Systems - Nitrogen Reduction, provided that testing indicates that treatment level 3 effluent standards are achieved, or another standardized test method determined to be acceptable by the Department, or has been tested using methods determined to be acceptable by the Department, and the following conditions are met:

a. The treatment unit is continuously tested for a minimum of 26 weeks, with sampling conducted during all weeks of the testing period, and the treatment unit is not subjected to service, maintenance, or modification during the testing period;

b. The average five-day carbonaceous biochemical oxygen demand concentration for a minimum of 55 effluent samples collected on discrete testing period days does not exceed 10 milligrams per liter and no single sample exceeds 25 milligrams per liter; and

c. The average total suspended solids concentration for a minimum of 55 effluent samples collected on discrete testing period days does not exceed 10 milligrams per liter, and no single sample exceeds 30 milligrams per liter.

C. Treatment units that are generally approved as treatment level 3 products under subsection B shall be:

1. Certified by an organization accredited by the American National Standards Institute, Standards Council of Canada, International Laboratory Accreditation Cooperation, or other accreditation body determined to be acceptable by the Department; or

2. Evaluated by a testing organization determined to be acceptable by the Department when the treatment unit is not tested and certified under NSF/ANSI 350, NSF/ANSI 245, or another standard accepted by the Department.

D. A treatment unit approved as a treatment level 3 product under subsection B and meeting the applicable Board regulations and Department policies for use as a nitrogen-reducing alternative onsite sewage system shall be generally approved by the Department as a nitrogen-reducing treatment level 3 system.

E. Treatment units that are generally approved as treatment level 3 products under subsection B are subject to all Board regulations applicable to generally approved treatment level 3 units.

2024, c. 419 .