37.2-406 - Conditions for initial licensure of certain providers.
§ 37.2-406. Conditions for initial licensure of certain providers.
A. Notwithstanding the Commissioner's discretion to grant licenses pursuantto this article or any Board regulation regarding licensing, no initiallicense shall be granted by the Commissioner to a provider of treatment forpersons with opiate addiction through the use of methadone or other opioidreplacements, if the provider is to be located within one-half mile of apublic or private licensed day care center or a public or private K-12school, except when such service is provided by a hospital licensed by theBoard of Health or the Commissioner or is owned or operated by an agency ofthe Commonwealth.
B. No provider shall be required to conduct, maintain, or operate servicesfor the treatment of persons with opiate addiction through the use ofmethadone or other opioid replacements on Sunday except when such service isprovided by a hospital licensed by the Board of Health or the Commissioner oris owned or operated by an agency of the Commonwealth, subject to regulationsor guidelines issued by the Department consistent with the health, safety andwelfare of consumers and the security of take-home doses of methadone orother opiate replacements.
C. Upon receiving notice of a proposal for or an application to obtain aninitial license from a provider of treatment for persons with opiateaddiction through the use of methadone or other opioid replacements, theCommissioner shall, within 15 days of the receipt, notify the local governingbody of and the community services board serving the jurisdiction in whichthe facility is to be located of the proposal or application and thefacility's proposed location.
Within 30 days of the date of the notice, the local governing body andcommunity services board shall submit to the Commissioner comments on theproposal or application. The local governing body shall notify theCommissioner within 30 days of the date of the notice concerning thecompliance of the applicant with this section and any applicable localordinances.
D. No license shall be issued by the Commissioner to the provider until theconditions of this section have been met, i.e., local governing body andcommunity services board comments have been received and the local governingbody has determined compliance with the provisions of this section and anyrelevant local ordinances.
E. No applicant for a license to provide treatment for persons with opiateaddiction through the use of methadone or other opioid replacements that hasobtained a certificate of occupancy in accordance with the law andregulations in effect on January 1, 2004, shall be required to comply withthe provisions of this section. No existing licensed provider shall berequired to comply with the provisions of this section in any city or countyin which it is currently providing such treatment.
F. The provisions of subsection A of this section shall not apply to thejurisdictions in Planning District 8.
(2004, cc. 823, 845, § 37.1-179.2; 2005, c. 716; 2007, c. 513.)