54.1-2412 - Board to administer; powers and duties of Board; penalties for violation.
§ 54.1-2412. Board to administer; powers and duties of Board; penalties forviolation.
A. In addition to its other powers and duties, the Board of HealthProfessions shall administer the provisions of this chapter.
B. The Board shall promulgate, pursuant to the Administrative Process Act (§2.2-4000 et seq.), regulations to:
1. Establish standards, procedures, and criteria which are reasonable andnecessary for the effective administration of this chapter;
2. Establish standards, procedures, and criteria for determining compliancewith, exceptions to, and violations of the provisions of § 54.1-2411;
3. Establish standards, procedures, and criteria for advising practitionersand entities of the applicability of this chapter to activities andinvestments;
4. Levy and collect fees for processing requests for exceptions from theprohibitions set forth in this chapter and for authorization to makereferrals pursuant to subsection B of § 54.1-2411;
5. Establish standards, procedures, and criteria for review and referral tothe appropriate health regulatory board of all reports of investigations ofalleged violations of this chapter by practitioners and for investigationsand determinations of violations of this chapter by entities;
6. Establish standards, procedures, and criteria for granting exceptions fromthe prohibitions set forth in this chapter; and
7. Establish such other regulations as may reasonably be needed to administerthis chapter.
C. Upon a determination of a violation by the Board, pursuant to theAdministrative Process Act, any entity, other than a practitioner, thatpresents or causes to be presented a bill or claim for services that theentity knows or has reason to know is prohibited by § 54.1-2411 shall besubject to a monetary penalty of no more than $20,000 per referral, bill, orclaim. The monetary penalty may be sued for and recovered in the name of theCommonwealth. All such monetary penalties shall be deposited in the LiteraryFund.
D. Any violation of this chapter by a practitioner shall constitute groundsfor disciplinary action as unprofessional conduct by the appropriate healthregulatory board within the Department of Health Professions. Sanctions forviolation of this chapter may include, but are not limited to, the monetarypenalty authorized in § 54.1-2401.
(1993, c. 869.)