Bill Text: VA SB258 | 2018 | Regular Session | Engrossed
Bill Title: Subpoenas; issuance by Director of Department of Health Professions or his designee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-03-23 - Governor: Acts of Assembly Chapter text (CHAP0466) [SB258 Detail]
Download: Virginia-2018-SB258-Engrossed.html
Be it enacted by the General Assembly of Virginia:
1. That §54.1-2506 of the Code of Virginia is amended and reenacted as follows:
§54.1-2506. Enforcement of laws by Director and investigative personnel; authority of investigative personnel and Director.
A. The Director and investigative personnel appointed by him
shall be sworn to enforce the statutes and regulations pertaining to the
Department, the Board, and the health regulatory boards and shall have the
authority to investigate any violations of those statutes and regulations and
to the extent otherwise authorized by law inspect any office or facility
operated, owned or employing individuals regulated by any health regulatory
board. The Director or his designee shall have the power to subpoena witnesses
and to request and obtain patient records, business records, papers, and
physical or other evidence in the course of any investigation or to issue
subpoenas requiring the production of such evidence. A subpoena issued
pursuant to this section may be served by (i) any person authorized to serve
process under §8.01-293, (ii) investigative personnel appointed by the
Director, (iii) registered or certified mail or by equivalent commercial parcel
delivery service, or (iv) email or facsimile if requested to do so by the
recipient. Upon failure of any person to comply with a subpoena duly served,
the Director may, pursuant to §54.1-111, request that the Attorney General or
the attorney for the Commonwealth for the jurisdiction in which the recipient
of the subpoena resides, is found, or transacts business seek enforcement of
the subpoena in [ the such ]
jurisdiction [ in which the recipient resides, is found, or
transacts business ] .
B. All investigative personnel shall be vested with the authority to (i) administer oaths or affirmations for the purpose of receiving complaints of violations of this subtitle, (ii) serve and execute any warrant, paper or process issued by any court or magistrate, the Board, the Director or in his absence a designated subordinate, or by any regulatory board under the authority of the Director, (iii) request and receive criminal history information under the provisions of §19.2-389, and (iv) request and receive social security numbers from practitioners or federal employee identification numbers from facilities.
C. The Director shall have the authority to issue summonses for violations of statutes and regulations governing the unlicensed practice of professions regulated by the Department. The Director may delegate such authority to investigators appointed by him. In the event a person issued such a summons fails or refuses to discontinue the unlawful acts or refuses to give a written promise to appear at the time and place specified in the summons, the investigator may appear before a magistrate or other issuing authority having jurisdiction to obtain a criminal warrant pursuant to §19.2-72.