2006 Code of Virginia § 32.1-135 - Revocation or suspension of license or certification; restriction or prohibition of new admissions ...

32.1-135. Revocation or suspension of license or certification; restrictionor prohibition of new admissions to nursing home.

A. In accordance with applicable regulations of the Board, the Commissioner(i) may restrict or prohibit new admissions to any nursing home or certifiednursing facility, or (ii) may petition the court to impose a civil penaltyagainst any nursing home or certified nursing facility or to appoint areceiver for such nursing home or certified nursing facility, or both, or(iii) may revoke the certification or may revoke or suspend the license of ahospital or nursing home or the certification of any certified nursingfacility for violation of any provision of this article or Article 2 (32.1-138 et seq.) of this chapter or of any applicable regulation promulgatedunder this chapter or for permitting, aiding, or abetting the commission ofany illegal act in the hospital or nursing home.

All appeals from notice of imposition of administrative sanctions shall bereceived in writing within fifteen days of the date of receipt of suchnotice. The provisions of the Administrative Process Act ( 2.2-4000 etseq.) shall be applicable to such appeals.

B. If a license or certification is revoked as herein provided, a new licenseor certification may be issued by the Commissioner after satisfactoryevidence is submitted to him that the conditions upon which revocation wasbased have been corrected and after proper inspection has been made andcompliance with all provisions of this article and applicable state andfederal law and regulations hereunder has been obtained.

C. Suspension of a license shall in all cases be for an indefinite time. TheCommissioner may completely or partially restore a suspended license orcertificate when he determines that the conditions upon which suspension wasbased have been completely or partially corrected and that the interests ofthe public will not be jeopardized by resumption of operation. No additionalservice charges shall be required for restoring such license.

(Code 1950, 32-307; 1979, c. 711; 1989, c. 618.)