54.1-2506 - Enforcement of laws by Director and investigative personnel; authority of investigative personnel and Director. - Virginia Statutes

§ 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 swornto enforce the statutes and regulations pertaining to the Department, theBoard, and the health regulatory boards and shall have the authority toinvestigate any violations of those statutes and regulations and to theextent otherwise authorized by law inspect any office or facility operated,owned or employing individuals regulated by any health regulatory board. TheDirector or his designee shall have the power to subpoena witnesses and torequest and obtain patient records, business records, papers, and physical orother evidence in the course of any investigation or to issue subpoenasrequiring the production of such evidence.

B. All investigative personnel shall be vested with the authority to (i)administer oaths or affirmations for the purpose of receiving complaints ofviolations of this subtitle, (ii) serve and execute any warrant, paper orprocess issued by any court or magistrate, the Board, the Director or in hisabsence a designated subordinate, or by any regulatory board under theauthority of the Director, and (iii) request and receive criminal historyinformation under the provisions of § 19.2-389.

C. The Director shall have the authority to issue summonses for violations ofstatutes and regulations governing the unlicensed practice of professionsregulated by the Department. The Director may delegate such authority toinvestigators appointed by him. In the event a person issued such a summonsfails or refuses to discontinue the unlawful acts or refuses to give awritten promise to appear at the time and place specified in the summons, theinvestigator may appear before a magistrate or other issuing authority havingjurisdiction to obtain a criminal warrant pursuant to § 19.2-72.

(1980, c. 678, § 54-960; 1986, c. 564; 1988, c. 765; 1993, c. 869; 2003, cc.753, 762; 2008, c. 37.)