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Virginia Administrative Code (Last Updated: January 10, 2017) |
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Title 12. Health |
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Agency 35. Department of Behavioral Health and Developmental Services |
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Chapter 115. Regulations to Assure the Rights of Individuals Receivingservices from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services |
Section 240. Human rights enforcement and sanctions
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Part VIII. Enforcement and Sanctions
A. The commissioner may invoke the sanctions enumerated in § 37.2-419 of the Code of Virginia upon receipt of information that a provider licensed or funded by the department is:
1. In violation of (i) the provisions of § 37.2-400 and §§ 37.2-403 through 37.2-422 of the Code of Virginia, (ii) these regulations, or (iii) provisions of the licensing regulations adopted pursuant to §§ 37.2-404 and 37.2-411 of the Code of Virginia; and
2. The violation adversely affects the human rights of individuals or poses an imminent and substantial threat to the health, safety, or welfare of individuals.
The commissioner shall notify the provider in writing of the specific violation or violations found and of his intention to convene an informal conference pursuant to § 2.2-4019 of the Code of Virginia at which the presiding officer will be asked to recommend issuance of a special order.
B. The sanctions contained in the special order shall remain in effect for the duration of any appeal of the special order.
Historical Notes
Derived from Volume 18, Issue 03, eff. November 21, 2001; amended, Virginia Register Volume 23, Issue 25, eff. September 19, 2007.