As used in this article, unless the context requires a different meaning:
"Brain injury" means any injury to the brain that occurs after birth that is acquired through traumatic or non-traumatic insults. Non-traumatic insults may include but are not limited to anoxia, hypoxia, aneurysm, toxic exposure, encephalopathy, surgical interventions, tumor, and stroke. "Brain injury" does not include hereditary, congenital, or degenerative brain disorders, or injuries induced by birth trauma.
"Conditional license" means a license issued in accordance with the requirements of § 37.2-415 to a provider for a new service for a period of time sufficient to allow the provider to demonstrate compliance with regulations of the Board governing licensure of providers.
"Full license" means a license issued in accordance with the requirements of § 37.2-404 to a provider who demonstrates full compliance with the regulations of the Board governing licensure of providers.
"Provider" means any person, entity, or organization, excluding an agency of the federal government by whatever name or designation, that delivers (i) services to individuals with mental illness, developmental disabilities, or substance abuse or (ii) residential services for persons with brain injury. The person, entity, or organization shall include a hospital as defined in § 32.1-123, community services board, behavioral health authority, private provider, and any other similar or related person, entity, or organization. It shall not include any individual practitioner who holds a license issued by a health regulatory board of the Department of Health Professions or who is exempt from licensing pursuant to § 54.1-3501, 54.1-3601, or 54.1-3701.
"Provisional license" means a license issued to a provider previously issued a full license that has demonstrated a temporary inability to maintain compliance with licensing or human rights regulations or that has failed to comply with a previous corrective action plan, and that allows the provider to continue operating for a limited time while addressing the inability or failure to comply with regulations.
"Service or services" means:
1. Planned individualized interventions intended to reduce or ameliorate mental illness, developmental disabilities, or substance abuse through care, treatment, training, habilitation, or other supports that are delivered by a provider to persons with mental illness, developmental disabilities, or substance abuse. Services include outpatient services, intensive in-home services, opioid treatment services, inpatient psychiatric hospitalization, community gero-psychiatric residential services, assertive community treatment, and other clinical services; day support, day treatment, partial hospitalization, psychosocial rehabilitation, and habilitation services; case management services; and supportive residential, special school, halfway house, in-home services, crisis stabilization, and other residential services; and
2. Planned individualized interventions intended to reduce or ameliorate the effects of brain injury through care, treatment, or other supports provided in residential services for persons with brain injury.
Code 1950, § 37-254; 1950, p. 935; 1960, c. 496; 1964, c. 54; 1968, c. 477, § 37.1-179; 1971, Ex. Sess., c. 182; 1976, c. 671; 1977, cc. 89, 346; 1979, c. 54; 1980, c. 582; 2001, cc. 486, 506; 2002, c. 56; 2005, cc. 716, 718, 725; 2012, cc. 476, 507; 2014, c. 497; 2017, c. 458; 2021, Sp. Sess. I, cc. 3, 257.
Structure Code of Virginia
Title 37.2 - Behavioral Health and Developmental Services
Chapter 4 - Protection of Consumers
§ 37.2-400. Rights of individuals receiving services
§ 37.2-401. Authorized representative prohibition
§ 37.2-402. Board to establish regulations regarding human research
§ 37.2-404. Authority of Commissioner to grant licenses
§ 37.2-405.1. Certain provider information on website
§ 37.2-405.2. Certain information required of applicants to operate a licensed service
§ 37.2-406. (Effective until January 1, 2023) Conditions for initial licensure of certain providers
§ 37.2-406. (Effective January 1, 2023) Conditions for initial licensure of certain providers
§ 37.2-407. Regulations for treatment of pregnant women with substance abuse
§ 37.2-408. Regulation of services delivered in group homes and residential facilities for children
§ 37.2-408.1. Background check required; children's residential facilities
§ 37.2-409. Intermediate care facilities for individuals with intellectual disability
§ 37.2-410. Expiration of license; renewal; license fees
§ 37.2-412. Human rights review
§ 37.2-413. Necessity for supervision by licensed provider
§ 37.2-414. Cure by mental or spiritual means without use of drugs or material remedy
§ 37.2-415. Provisional and conditional licenses
§ 37.2-416. Background checks required
§ 37.2-417. Proceeding to prevent unlawful operation of service
§ 37.2-419. Human rights and licensing enforcement and sanctions; notice
§ 37.2-420. Offer or payment of remuneration in exchange for referral prohibited
§ 37.2-421. Advertising by licensed providers
§ 37.2-421.1. Supportive housing providers
§ 37.2-426. Officers may be appointed conservators of the peace; regulation of traffic
§ 37.2-427. Mistreatment of individuals receiving services in hospital or training center
§ 37.2-428. Aiding and abetting in escapes
§ 37.2-429. Disorderly conduct on grounds and interference with officers
§ 37.2-430. Providing alcoholic beverages to individuals receiving services
§ 37.2-431. Contriving or conspiring to maliciously obtain admission of person