A. Any practitioner of the healing arts shall, prior to referral of a patient to any facility or entity engaged in the provision of health-related services, appliances or devices, including but not limited to physical therapy, hearing testing, or sale or fitting of hearing aids or eyeglasses provide the patient with a notice in bold print that discloses any known material financial interest of or ownership by the practitioner in such facility or entity and states that the services, appliances or devices may be available from other suppliers in the community. In making any such referral, the practitioner of the healing arts may render such recommendations as he considers appropriate, but shall advise the patient of his freedom of choice in the selection of such facility or entity. This section shall not be construed to permit any of the practices prohibited in § 54.1-2914 or Chapter 24.1 (§ 54.1-2410 et seq.) of this title.
In addition, any practitioner of the healing arts shall, prior to ordering any medical test from an independent clinical laboratory for a patient, provide the patient with notice in bold print that discloses any known material financial interest or ownership by the practitioner in such laboratory unless the independent clinical laboratory is operated by a publicly held corporation. The practitioner shall inform the patient about the accreditation status and credentials of the laboratory.
B. The Attorney General, an attorney of 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 may 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 proven.
1986, c. 348, § 54-278.3; 1988, cc. 765, 874; 1989, c. 282; 1993, c. 869.
Structure Code of Virginia
Title 54.1 - Professions and Occupations
Chapter 29 - Medicine and Other Healing Arts
§ 54.1-2901. Exceptions and exemptions generally
§ 54.1-2902. Unlawful to practice without license
§ 54.1-2903. What constitutes practice; advertising in connection with medical practice
§ 54.1-2904. Biennial renewal of licenses; copies; fee; lapsed licenses; reinstatement; penalties
§ 54.1-2909. Further reporting requirements; civil penalty; disciplinary action
§ 54.1-2910.01. Practitioner information provided to patients
§ 54.1-2910.1. Certain data required
§ 54.1-2910.2. Posting of disciplinary information
§ 54.1-2910.3. No requirement to participate in third-party reimbursement programs
§ 54.1-2910.3:1. Medicaid recipients; treatment involving prescription of opioids; payment
§ 54.1-2910.4. Health record retention
§ 54.1-2910.5. (Effective July 1, 2023) Pediatric sexual assault survivor services; requirements
§ 54.1-2911. Board; membership; terms of office; change of residence; executive director; etc.
§ 54.1-2912.1. Continued competency and office-based anesthesia requirements
§ 54.1-2912.2. Board may endorse certain document
§ 54.1-2912.3. Competency assessments of certain practitioners
§ 54.1-2912.4. Board to post autism information
§ 54.1-2913.1. Acceptance of other examinations
§ 54.1-2915. Unprofessional conduct; grounds for refusal or disciplinary action
§ 54.1-2918. Suspension or revocation for violation of facility licensing laws
§ 54.1-2925. Use of experts in disciplinary proceedings
§ 54.1-2926. Powers of Board with respect to practitioners licensed to practice pharmacy
§ 54.1-2928.1. Restricted volunteer license
§ 54.1-2928.2. Board to adopt regulations related to prescribing of opioids and buprenorphine
§ 54.1-2929. Licenses required
§ 54.1-2930. Requirements for licensure
§ 54.1-2931. Examinations; passing grade
§ 54.1-2932. Issuance of licenses to practice
§ 54.1-2933.1. Temporary licensure of certain foreign graduates to obtain training
§ 54.1-2934. Evidence of right to practice required of certain foreign graduates
§ 54.1-2936. Limited licenses to certain graduates of foreign medical schools
§ 54.1-2937. Temporary licenses to interns and residents in hospitals and other organizations
§ 54.1-2937.1. Retiree license
§ 54.1-2939. Surgery by podiatrists on patients under general anesthesia limited
§ 54.1-2950. Requisite training and educational achievements of assistants
§ 54.1-2950.1. Advisory Board on Physician Assistants; membership; qualifications
§ 54.1-2951.2. Issuance of a license
§ 54.1-2951.3. Restricted volunteer license for certain physician assistants
§ 54.1-2951.4. Exception to physician assistant license requirement; physician assistant student
§ 54.1-2952.2. When physician assistant signature accepted
§ 54.1-2953. Renewal, revocation, suspension, and refusal
§ 54.1-2954. Respiratory therapist; definition
§ 54.1-2954.1. Powers of Board concerning respiratory care
§ 54.1-2955. Restriction of titles
§ 54.1-2956. Advisory Board on Respiratory Care; appointment; terms; duties; etc.
§ 54.1-2956.01. Exceptions to respiratory therapist's licensure
§ 54.1-2956.1. Powers of Board concerning occupational therapy
§ 54.1-2956.2. Advisory Board of Occupational Therapy
§ 54.1-2956.3. Advisory Board of Occupational Therapy; composition; appointment
§ 54.1-2956.4. Advisory Board of Occupational Therapy; powers
§ 54.1-2956.5. Unlawful to practice occupational therapy without license
§ 54.1-2956.8. Advisory Board on Radiological Technology; appointments; terms; etc.
§ 54.1-2956.10. Requisite training and educational achievements of acupuncturists
§ 54.1-2956.11. Advisory Board on Acupuncture; composition; appointment
§ 54.1-2956.12. Registered surgical technologist; use of title; registration
§ 54.1-2956.13. Licensure of surgical assistant; practice of surgical assisting; use of title
§ 54.1-2956.14. Advisory Board on Surgical Assisting; appointments; terms; duties
§ 54.1-2957. Licensure and practice of nurse practitioners
§ 54.1-2957.001. Restricted volunteer license for nurse practitioners
§ 54.1-2957.02. When nurse practitioner signature accepted
§ 54.1-2957.03. Certified nurse midwives; required disclosures; liability
§ 54.1-2957.6. Exceptions to athletic trainer licensure
§ 54.1-2957.7. Licensed midwife and practice of midwifery; definitions
§ 54.1-2957.8. Licensure of midwives; requisite training and educational requirements; fees
§ 54.1-2957.9. Regulation of the practice of midwifery
§ 54.1-2957.10. Advisory Board on Midwifery established; membership; duties; terms
§ 54.1-2957.11. Requirements for disclosure
§ 54.1-2957.14. Advisory Board on Polysomnographic Technology; appointment; terms; duties
§ 54.1-2957.15. Unlawful to practice as a polysomnographic technologist without a license
§ 54.1-2957.17. Exceptions to licensure requirements
§ 54.1-2957.18. Advisory Board on Behavior Analysis
§ 54.1-2957.22. Advisory Board on Genetic Counseling established; membership; terms
§ 54.1-2960. Medical students in hospitals
§ 54.1-2961. Interns and residents in hospitals
§ 54.1-2962. Division of fees among physicians prohibited
§ 54.1-2962.01. Anatomic pathology services; fees
§ 54.1-2962.1. Solicitation or receipt of remuneration in exchange for referral prohibited
§ 54.1-2962.2. Physician-patient relationship; effect of certain emergency department treatment
§ 54.1-2963. Selling vitamins or food supplements in connection with a practice of the healing arts
§ 54.1-2963.1. Disclosure of medical treatment options
§ 54.1-2964. Disclosure of interest in referral facilities and clinical laboratories
§ 54.1-2967. Physicians and others rendering medical aid to report certain wounds
§ 54.1-2968. Information about certain handicapped persons
§ 54.1-2969. Authority to consent to surgical and medical treatment of certain minors
§ 54.1-2970. Medical treatment for certain persons incapable of giving informed consent
§ 54.1-2971.01. Prescription in excess of recommended dosage in certain cases
§ 54.1-2971.1. Disclosure for certain treatment of infertility
§ 54.1-2973. Persons who may authorize postmortem examination of decedent's body
§ 54.1-2973.1. Practice of laser hair removal
§ 54.1-2974. Sterilization operations for persons 18 years or older capable of informed consent
§ 54.1-2975. Sterilization operations for certain children incapable of informed consent
§ 54.1-2976. Sterilization operations for certain adults incapable of informed consent
§ 54.1-2977. Standards for court-authorized sterilization of certain persons
§ 54.1-2978. Reports of certain sterilizations
§ 54.1-2979. No liability for nonnegligent performance of operation
§ 54.1-2980. Article inapplicable to certain medical or surgical treatment
§ 54.1-2983. Procedure for making advance directive; notice to physician
§ 54.1-2983.1. Participation in health care research
§ 54.1-2983.2. Capacity; required determinations
§ 54.1-2983.3. Exclusions and limitations of advance directives
§ 54.1-2984. Suggested form of written advance directives
§ 54.1-2985. Revocation of an advance directive
§ 54.1-2985.1. Injunction; court-ordered health care
§ 54.1-2986.1. Duties and authority of agent or person identified in § 54.1-2986
§ 54.1-2986.2. Health care decisions in the event of patient protest
§ 54.1-2987.1. Durable Do Not Resuscitate Orders
§ 54.1-2988. Immunity from liability; burden of proof; presumption
§ 54.1-2988.1. Assistance with completing and executing advance directives
§ 54.1-2989. Willful destruction, concealment, etc., of declaration or revocation; penalties
§ 54.1-2989.1. Failure to deliver advance directive
§ 54.1-2992. Preservation of existing rights
§ 54.1-2993.1. Qualified advance directive facilitators; requirements for training programs
§ 54.1-2994. Advance Health Care Directive Registry established
§ 54.1-2995. Filing of documents with the registry; regulations; fees
§ 54.1-2996. Validity of unregistered documents
§ 54.1-2997. Direct primary care agreements
§ 54.1-2998. Direct primary care agreement requirements; disclosures; disclaimer