The Commissioner may issue a provisional license at any time to a provider that has previously been fully licensed when the provider is temporarily unable to comply with all licensing standards. The maximum term of a provisional license shall be six months. A provisional license may be renewed for a period not to exceed six months if the provider is not able to demonstrate compliance with all licensing regulations but demonstrates progress towards compliance. However, in no case shall the total period of provisional licensure exceed 12 successive months. A provisional license shall be prominently displayed by the provider in a format determined by the Commissioner at the site of the affected service and shall indicate thereon the violations of licensing standards to be corrected and the expiration date of the license. Whenever the Commissioner issues a provisional license, the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall apply. Any person aggrieved by the final decision of the Commissioner to issue a provisional license shall be entitled to judicial review of such decision in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
The Commissioner may issue a conditional license to a provider to operate a new service in order to permit the provider to demonstrate compliance with all licensing standards. The maximum term of a conditional license shall be six months. A conditional license may be renewed, but in no case, whether renewed or not, shall the total period of conditional licensing be longer than 12 successive months.
1980, c. 582, § 37.1-183.2; 1990, c. 311; 2001, cc. 486, 506; 2005, c. 716; 2014, c. 497.
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