All services provided or delivered under any license shall be subject to review or inspection at any reasonable time by any authorized inspector or agent of the Department. The Commissioner or his authorized agents shall inspect all licensed providers and shall have access at all reasonable times to all services and records, including medical records. Records that are confidential under federal or state law shall be maintained as confidential by the Department and shall not be further disclosed except as permitted by law; however, there shall be no right of access to communications that are privileged pursuant to § 8.01-581.17. The Commissioner shall call upon other state or local departments to assist in the inspections and those departments shall render an inspection report to the Commissioner. After receipt of all inspection reports, the Commissioner shall make the final determination with respect to the condition of the service so reviewed or inspected. The Commissioner or his authorized agents shall make at least one annual unannounced inspection of each service offered by each licensed provider. Inspections shall be focused on preventing specific risks to individuals receiving services, including an evaluation of the physical facilities in which the services are provided. In addition, the Commissioner shall promptly investigate all complaints. The Board may adopt and the Commissioner shall enforce reasonable regulations that may be necessary or proper to carry out the general purposes of this article.
Code 1950, § 37-257; 1968, c. 477, § 37.1-182; 1980, c. 582; 1992, c. 666; 2001, cc. 486, 506; 2005, c. 716; 2012, cc. 476, 507.
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