38.2-4221 - Services of certain practitioners other than physicians to be covered.

§ 38.2-4221. Services of certain practitioners other than physicians to becovered.

A. A nonstock corporation shall not fail or refuse, either directly orindirectly, to allow or to pay to a subscriber for all or any part of thehealth services rendered by any doctor of podiatry, doctor of chiropody,optometrist, optician, chiropractor, professional counselor, psychologist,physical therapist, clinical social worker, clinical nurse specialist whorenders mental health services, audiologist, speech pathologist, certifiednurse midwife, marriage and family therapist or licensed acupuncturistlicensed to practice in Virginia, if the services rendered (i) are servicesprovided for by the subscription contract and (ii) are services which thedoctor of podiatry, doctor of chiropody, optometrist, optician, chiropractor,professional counselor, psychologist, physical therapist, clinical socialworker, clinical nurse specialist who renders mental health services,audiologist, speech pathologist, certified nurse midwife, marriage and familytherapist or licensed acupuncturist is licensed to render in thisCommonwealth.

B. If a subscription contract provides reimbursement for a service that maybe legally performed by a licensed pharmacist, reimbursement under thesubscription contract by the nonstock corporation shall not be denied becausethe service is rendered by the licensed pharmacist provided that (i) theservice is performed for a subscriber for a condition under the terms of acollaborative agreement, as defined in § 54.1-3300, between a pharmacist andthe physician with whom the subscriber is undergoing a course of treatment or(ii) the service is for the administration of vaccines for immunization.Notwithstanding the provisions of § 38.2-4209, the nonstock corporation mayrequire the pharmacist, any pharmacy or provider that may employ suchpharmacist, or the collaborating physician to enter into a written agreementwith the nonstock corporation as a condition for reimbursement for suchservices. In addition, reimbursement to pharmacists acting under the terms ofa collaborative agreement under this subsection shall not be subject to theprovisions of § 38.2-4209.1.

(Code 1950, § 32-195.10:1; 1966, c. 276, § 38.1-824; 1973, c. 428; 1979, cc.13, 721; 1980, c. 682; 1986, c. 562; 1987, cc. 549, 551, 557; 1988, c. 522;1989, cc. 7, 201; 1997, c. 203; 1998, c. 146; 2001, cc. 102, 475.)