Section 60. Application for advisory opinions

Part II. Advisory Opinions and Exceptions

A. Any practitioner or entity may request an advisory opinion on the applicability of the Act upon completion of an application and payment of a fee.

B. Requests shall be made on an application form prescribed by the board. The request shall contain the following information:

1. The name of the practitioner or entity;

2. Identification of the practitioner or entity and description of the health care services being provided or proposed;

3. The type and amount of existing or proposed investment interest in the entity;

4. A description of the nature of the investment interest and copies of any existing or proposed documents between the practitioner and the entity including but not limited to leases, contracts, organizational documents, etc.; and

5. Certification and notarized signature of the practitioner or principal of the entity requesting the advisory opinion that the information and supporting documentation contained therein is true and correct.

C. The application shall be reviewed for completeness, and the board may request such other additional information or documentation it deems necessary from the practitioner or entity.

D. Upon a determination that a request for an advisory opinion is complete and that it has sufficient information, the board shall notify the practitioner or entity that it will consider its request.

E. At the conclusion of an informal conference, the committee shall issue an advisory opinion to the practitioner or entity, which shall be presented for ratification by the board.

Historical Notes

Derived from VR365-01-2 § 3.1, eff. March 24, 1994; amended, Volume 15, Issue 18, eff. June 23, 1999; Volume 23, Issue 21, eff. September 10, 2007.

Statutory Authority

§§ 54.1-2400 and 54.1-2412 of the Code of Virginia.