2006 Code of Virginia § 54.1-2505 - Powers and duties of Director of Department

54.1-2505. Powers and duties of Director of Department.

The Director of the Department shall have the following powers and duties:

1. To supervise and manage the Department;

2. To perform or consolidate such administrative services or functions as mayassist the operation of the boards;

3. To prepare, approve and submit to the Governor, after consultation withthe boards, all requests for appropriations and be responsible for allexpenditures pursuant to appropriations;

4. To provide such office facilities as will allow the boards to carry outtheir duties;

5. To employ personnel as required for the proper performance of theresponsibilities of the Department subject to Chapter 29 ( 2.2-2900 et seq.)of Title 2.2 within the limits of appropriations made by law;

6. To receive all complaints made against regulated health care professionals;

7. To develop administrative policies and procedures governing the receiptand recording of complaints;

8. To monitor the status of actions taken under the auspices of the boardsregarding complaints until the closure of each case;

9. To provide investigative and such other services as needed by the boardsto enforce their respective statutes and regulations;

10. To provide staff to assist in the performance of the duties of the Boardof Health Professions;

11. To collect and account for all fees to be paid into each board andaccount for and deposit the moneys so collected into a special fund fromwhich the expenses of the health regulatory boards, the Health Practitioners'Intervention Program, and the Department and Board of Health Professionsshall be paid. Such fees shall be held exclusively to cover the expenses ofthe health regulatory boards, the Health Practitioners' Intervention Program,and the Department and Board of Health Professions and shall not betransferred to any agency other than the Department of Health Professions,except as provided in 54.1-3011.1 and 54.1-3011.2;

12. To make and enter into all contracts and agreements necessary orincidental to the performance of his duties and the execution of his powers,including, but not limited to, contracts with the United States, otherstates, agencies and governmental subdivisions of the Commonwealth;

13. To accept grants from the United States government, its agencies andinstrumentalities, and any other source. The Director shall have the power tocomply with conditions and execute agreements as may be necessary, convenientor desirable;

14. To promulgate and revise regulations necessary for the administration ofthe Department and such regulations as are necessary for the implementationof the Health Practitioners' Intervention Program pursuant to Chapter 25.1 (54.1-2515 et seq.) of this title and subdivision 19 of this section;

15. To report promptly, after consultation with the presiding officer of theappropriate health regulatory board or his designee, to the Attorney Generalor the appropriate attorney for the Commonwealth any information theDepartment obtains which, upon appropriate investigation, indicates, in thejudgment of the Director, that a person licensed by any of the healthregulatory boards has violated any provision of criminal law, including thelaws relating to manufacturing, distributing, dispensing, prescribing oradministering drugs other than drugs classified as Schedule VI drugs. Whennecessary, the Attorney General or the attorney for the Commonwealth shallrequest that the Department of Health Professions or the Department of StatePolice conduct any subsequent investigation of such report. Upon request andaffidavit from an attorney for the Commonwealth, the Director shall providedocuments material to a criminal investigation of a person licensed by ahealth regulatory board; however, peer review documents shall not be releasedand shall remain privileged pursuant to 8.01-581.17. For the purpose ofthis section, the terms manufacturing, distributing, dispensing, prescribingor administering drugs shall not include minor administrative or clericalerrors which do not affect the inventory of drugs required by Chapter 34 (54.1-3400 et seq.) of this title and do not indicate a pattern of criminalbehavior;

16. To keep records of the names and qualifications of registered, certifiedor licensed persons;

17. To exercise other powers and perform other duties required of theDirector by the Governor;

18. To issue subpoenas in accordance with the Administrative Process Act (2.2-4000 et seq.) for any informal fact finding or formal proceeding withinthe jurisdiction of the Department or any regulatory board;

19. To establish, and revise as necessary, a comprehensive healthpractitioners' intervention program pursuant to Chapter 25.1 ( 54.1-2515 etseq.) of this title;

20. To establish, and revise as necessary, with such federal funds, grants,or general funds as may be appropriated or made available for this program,the Prescription Monitoring Program pursuant to Chapter 25.2 ( 54.1-2519 etseq.) of this title; and

21. To assess a civil penalty against any person who is not licensed by ahealth regulatory board for failing to report a violation pursuant to 54.1-2400.6 or 54.1-2909.

(1977, c. 579, 54-955; 1980, c. 678; 1983, c. 528; 1986, c. 564; 1988, cc.266, 765; 1997, c. 439; 2002, c. 481; 2003, cc. 753, 762; 2004, c. 64; 2006,c. 631.)

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