Title 54.1. Professions and Occupations
Chapter 24.1. Practitioner Self-Referral Act
§ 54.1-2412. Board to administer; powers and duties of Board; penalties for violation.
A. In addition to its other powers and duties, the Board of Health Professions 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 and necessary for the effective administration of this chapter;
2. Establish standards, procedures, and criteria for determining compliance with, exceptions to, and violations of the provisions of § 54.1-2411;
3. Establish standards, procedures, and criteria for advising practitioners and entities of the applicability of this chapter to activities and investments;
4. Levy and collect fees for processing requests for exceptions from the prohibitions set forth in this chapter and for authorization to make referrals pursuant to subsection B of § 54.1-2411;
5. Establish standards, procedures, and criteria for review and referral to the appropriate health regulatory board of all reports of investigations of alleged violations of this chapter by practitioners and for investigations and determinations of violations of this chapter by entities;
6. Establish standards, procedures, and criteria for granting exceptions from the prohibitions set forth in this chapter; and
7. Establish such other regulations as may reasonably be needed to administer this chapter.
C. Upon a determination of a violation by the Board, pursuant to the Administrative Process Act, any entity, other than a practitioner, that presents or causes to be presented a bill or claim for services that the entity knows or has reason to know is prohibited by § 54.1-2411 shall be subject to a monetary penalty of no more than $20,000 per referral, bill, or claim. The monetary penalty may be sued for and recovered in the name of the Commonwealth. All such monetary penalties shall be deposited in the Literary Fund.
D. Any violation of this chapter by a practitioner shall constitute grounds for disciplinary action as unprofessional conduct by the appropriate health regulatory board within the Department of Health Professions. Sanctions for violation of this chapter may include, but are not limited to, the monetary penalty authorized in § 54.1-2401.
1993, c. 869.
