Virginia Code > Title 54.1 > Subtitle III – Professions and Occupations Regulated by Boards within the Department of Health Professions
Terms Used In Virginia Code > Title 54.1 > Subtitle III - Professions and Occupations Regulated by Boards within the Department of Health Professions
- Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
- Abuse: means any act or failure to act by an employee or other person responsible for the care of an individual in a facility or program operated, licensed, or funded by the Department, excluding those operated by the Department of Corrections, that was performed or was failed to be performed knowingly, recklessly, or intentionally, and that caused or might have caused physical or psychological harm, injury, or death to an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse. See Virginia Code 37.2-100
- Accident and sickness insurance: means insurance against loss resulting from sickness, or from bodily injury or death by accident or accidental means, or from a combination of any or all of these perils. See Virginia Code 38.2-109
- account: means an account with a financial institution for which the account holder claims first-time home buyer savings account status on his Virginia income tax return for taxable year 2014 or any taxable year thereafter, pursuant to this chapter for the purpose of paying or reimbursing eligible costs for the purchase of a single-family residence in the Commonwealth by a qualified beneficiary. See Virginia Code 36-171
- Account holder: means an individual who establishes, individually or jointly with one or more other individuals, an account with a financial institution for which the account holder claims a first-time home buyer savings account status on his Virginia income tax return. See Virginia Code 36-171
- Acupuncturist: means an individual approved by the Board to practice acupuncture. See Virginia Code 54.1-2900
- Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by (i) a practitioner or, under the practitioner's direction, his authorized agent or (ii) the patient or research subject at the direction and in the presence of the practitioner. See Virginia Code 54.1-2519
- Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by (i) a practitioner or by his authorized agent and under his direction or (ii) the patient or research subject at the direction and in the presence of the practitioner. See Virginia Code 54.1-3401
- Administration: means the process of attaining the objectives of an organization through a system of coordinated and cooperative efforts to make social service programs effective instruments for the amelioration of social conditions and for the solution of social problems. See Virginia Code 54.1-3700
- administrative policy board: means the public body organized in accordance with the provisions of Chapter 5 (§ Virginia Code 37.2-100
- Administrator: means the Director of the Department of Housing and Community Development or his designee. See Virginia Code 36-85.3
- Adult: means a person 18 years of age or more. See Virginia Code 1-203
- Advance directive: means (i) a witnessed written document, voluntarily executed by the declarant in accordance with the requirements of § Virginia Code 54.1-2982
- Advanced practice registered nurse: means a certified nurse midwife, certified registered nurse anesthetist, clinical nurse specialist, or nurse practitioner who is jointly licensed by the Boards of Medicine and Nursing pursuant to § Virginia Code 54.1-2900
- Advanced practice registered nurse: means a certified nurse midwife, certified registered nurse anesthetist, clinical nurse specialist, or nurse practitioner who is jointly licensed by the Boards of Medicine and Nursing pursuant to § Virginia Code 54.1-3000
- Advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of drugs or devices. See Virginia Code 54.1-3401
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- agency: shall be deemed to include without limitation any department, division, commission, association, board, or other administrative body established pursuant to the laws of a jurisdiction. See Virginia Code 8.01-385
- Agency: means any department, institution, authority, instrumentality, board or other administrative agency of the government of the Commonwealth of Virginia and any transportation district created pursuant to the Transportation District Act of 1964 (§ Virginia Code 8.01-195.2
- Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. See Virginia Code 54.1-3401
- Agent: means an adult appointed by the declarant under an advance directive, executed or made in accordance with the provisions of § Virginia Code 54.1-2982
- All-virtual public meeting: means a public meeting (i) conducted by a public body, other than those excepted pursuant to subsection C of § Virginia Code 2.2-3701
- Allegation: something that someone says happened.
- Allowable closing costs: means a disbursement listed on a settlement statement for the purchase of a single-family residence in the Commonwealth by a qualified beneficiary. See Virginia Code 36-171
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Anabolic steroid: means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone. See Virginia Code 54.1-3401
- Animal: means any nonhuman animate being endowed with the power of voluntary action. See Virginia Code 54.1-3401
- Annuities: means all agreements to make periodic payments in specified or calculable sums pursuant to the terms of a contract for a stated period of time or for the life of the person or persons specified in the contract. See Virginia Code 38.2-106
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- annuity: shall be deemed to include "variable annuity" and "modified guaranteed annuity" and shall be deemed to include a contract under which a lump sum cash settlement is an alternative to the option of periodic payments. See Virginia Code 38.2-106
- ANSI Ski Lift Code: means the American National Standard (B77. See Virginia Code 8.01-227.11
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Appliance: means a permanent or removable device used in a plan of dental care, including crowns, fillings, bridges, braces, dentures, orthodontic aligners, and sleep apnea devices. See Virginia Code 54.1-2700
- Applicant: means any and all persons seeking or holding a permit required under this chapter. See Virginia Code 10.1-1400
- Applicant: means the person applying for a certification of site suitability or submitting a notice of intent to apply therefor. See Virginia Code 10.1-1433
- Application: means an application to the Board for a certification of site suitability. See Virginia Code 10.1-1433
- Appraisal: A determination of property value.
- Apprentice: means a person at least 16 years of age who is covered by a written agreement with an employer and approved by the Commissioner. See Virginia Code 2.2-2043
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Arrest: Taking physical custody of a person by lawful authority.
- Art therapist: means a person who has (i) completed a master's or doctoral degree program in art therapy, or an equivalent course of study, from an accredited educational institution; (ii) satisfied the requirements for licensure set forth in regulations adopted by the Board; and (iii) been issued a license for the independent practice of art therapy by the Board. See Virginia Code 54.1-3500
- Art therapy: means the integrated use of psychotherapeutic principles, visual art media, and the creative process in the assessment, treatment, and remediation of psychosocial, emotional, cognitive, physical, and developmental disorders in children, adolescents, adults, families, or groups. See Virginia Code 54.1-3500
- Art therapy associate: means a person who has (i) completed a master's or doctoral degree program in art therapy, or an equivalent course of study from an accredited educational institution; (ii) satisfied the requirements for licensure set forth in regulations adopted by the Board; and (iii) been issued a license to practice art therapy under an approved clinical supervisor in accordance with regulations of the Board. See Virginia Code 54.1-3500
- Assessable year: means the calendar year upon which the direct gross premium income is computed under this chapter. See Virginia Code 38.2-402
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assisted living facility: means any public or private assisted living facility, as defined in § Virginia Code 54.1-3100
- Assisted living facility administrator: means any individual charged with the general administration of an assisted living facility, regardless of whether he has an ownership interest in the facility. See Virginia Code 54.1-3100
- At-need: means at the time of death or while death is imminent. See Virginia Code 54.1-2800
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attending physician: means the primary physician who has responsibility for the health care of the patient. See Virginia Code 54.1-2982
- Attorney: means the person designated and authorized by subscribers as the attorney-in-fact having authority to obligate them on reciprocal insurance contracts. See Virginia Code 38.2-1201
- Attorney General: means the Attorney General of Virginia, the Chief Deputy, other deputies, counsels or assistant attorneys general employed by the Office of the Attorney General and designated by the Attorney General to act pursuant to this article. See Virginia Code 8.01-216.2
- Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Audiologist: means any person who engages in the practice of audiology. See Virginia Code 54.1-2600
- Auricular acupuncture: means the subcutaneous insertion of sterile, disposable acupuncture needles in predetermined, bilateral locations in the outer ear. See Virginia Code 54.1-2900
- Authority: means the Virginia Resources Authority. See Virginia Code 36-156.1
- authority: means a public body and a body corporate and politic organized in accordance with the provisions of Chapter 6 (§ Virginia Code 37.2-100
- Authority: means the Central Virginia Transportation Authority. See Virginia Code 33.2-3700
- Authority: means a regional passenger rail station authority created pursuant to this chapter. See Virginia Code 33.2-3800
- Automated drug dispensing system: means a mechanical or electronic system that performs operations or activities, other than compounding or administration, relating to pharmacy services, including the storage, dispensing, or distribution of drugs and the collection, control, and maintenance of all transaction information, to provide security and accountability for such drugs. See Virginia Code 54.1-3401
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Balanced budget: A budget in which receipts equal outlays.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Battlefield property: means any real property in the Commonwealth that is listed in the Report on the Nation's Civil War Battlefields by the Civil War Sites Advisory Commission (Civil War Sites Advisory Commission/National Park Service, 1993, as amended); the Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States by the American Battlefield Protection Program of the National Park Service (U. See Virginia Code 10.1-2200
- Behavioral health: means the full range of mental health, developmental, and substance abuse services and treatment modalities. See Virginia Code 37.2-600
- Behavioral health project: means any facility suitable for providing adequate care for concentrated centers of population and includes structures, buildings, improvements, additions, extensions, replacements, appurtenances, lands, rights in land, franchises, machinery, equipment, furnishings, landscaping, approaches, roadways, and other necessary or desirable facilities. See Virginia Code 37.2-600
- Behavioral health services: means the full range of mental health and substance abuse services. See Virginia Code 37.2-100
- Behavioral health technician: means a person who has completed, at a minimum, an associate degree and registered with the Board to practice in accordance with the provisions of § 54. See Virginia Code 54.1-3500
- Behavioral health technician assistant: means a person who has completed a high school diploma or equivalent, at a minimum, and registered with the Board to practice in accordance with the regulations of the Board and the provisions of § 54. See Virginia Code 54.1-3500
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Bequest: Property gifted by will.
- bill in equity: shall mean a complaint in a civil action, as provided in the Rules of Supreme Court of Virginia;
11. See Virginia Code 8.01-2
- Biological nutrient removal technology: means technology that will typically achieve at least an 8 mg/L total nitrogen concentration or at least a 1 mg/L total phosphorus concentration in effluent discharges. See Virginia Code 10.1-2117
- Biological product: means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product, protein other than a chemically synthesized polypeptide, or analogous product, or arsphenamine or any derivative of arsphenamine or any other trivalent organic arsenic compound, applicable to the prevention, treatment, or cure of a disease or condition of human beings. See Virginia Code 54.1-3401
- Biosimilar: means a biological product that is highly similar to a specific reference biological product, notwithstanding minor differences in clinically inactive compounds, such that there are no clinically meaningful differences between the reference biological product and the biological product that has been licensed as a biosimilar pursuant to Virginia Code 54.1-3401
- Birth control: means contraceptive methods that are approved by the U. See Virginia Code 54.1-2900
- Board: means the Board of Housing and Community Development. See Virginia Code 36-85.3
- Board: means the Board of Housing and Community Development. See Virginia Code 36-131
- Board: means the Board of Housing and Community Development. See Virginia Code 36-141
- Board: means the Board of Housing and Community Development. See Virginia Code 36-152
- Board: means the Commonwealth Transportation Board. See Virginia Code 33.2-100
- Board: means the State Board of Behavioral Health and Developmental Services. See Virginia Code 37.2-100
- Board: means the board of directors of the authority. See Virginia Code 33.2-3800
- Board: means the Board of Health Professions. See Virginia Code 54.1-2410
- Board: means the Board of Health Professions. See Virginia Code 54.1-2500
- Board: means the Board of Audiology and Speech-Language Pathology. See Virginia Code 54.1-2600
- Board: means the Board of Long-Term Care Administrators. See Virginia Code 54.1-3100
- Board: means the Board of Psychology. See Virginia Code 54.1-3600
- Board: means the Virginia Manufactured Housing Board. See Virginia Code 36-85.16
- Board: means the Board of Housing and Community Development. See Virginia Code 36-97
- Board: means the Board of Historic Resources. See Virginia Code 10.1-2200
- Board: means the Virginia Soil and Water Conservation Board. See Virginia Code 10.1-500
- Board: means the Virginia Waste Management Board. See Virginia Code 10.1-1400
- Board: means the Board of Dentistry. See Virginia Code 54.1-2700
- Board: means the Board of Funeral Directors and Embalmers. See Virginia Code 54.1-2800
- Board: means the Board of Medicine. See Virginia Code 54.1-2900
- Board: means the Board of Nursing. See Virginia Code 54.1-3000
- Board: means the Board of Optometry. See Virginia Code 54.1-3200
- Board: means the Board of Pharmacy. See Virginia Code 54.1-3300
- Board: means the Board of Pharmacy. See Virginia Code 54.1-3401
- Board: means the Board of Physical Therapy. See Virginia Code 54.1-3473
- Board: means the Board of Counseling. See Virginia Code 54.1-3500
- Board: means the Board of Social Work. See Virginia Code 54.1-3700
- Board: means the State Water Control Board. See Virginia Code 10.1-2123
- Board of supervisors: means the governing body of a county. See Virginia Code 15.2-102
- Brand: means the name, symbol, logo, trademark, or other information that identifies a product rather than the components of the product. See Virginia Code 10.1-1425.27
- broker: means any person, partnership, association or corporation, resident or nonresident, who, for compensation or valuable consideration, sells or offers for sale, buys or offers to buy, negotiates the purchase or sale or exchange, or leases or offers to lease used manufactured homes that are owned by a party other than the broker. See Virginia Code 36-85.16
- Building: means a combination of any materials, whether portable or fixed, having a roof to form a structure for the use or occupancy by persons or property. See Virginia Code 36-97
- Building Code: means the Uniform Statewide Building Code and building regulations adopted and promulgated pursuant thereto. See Virginia Code 36-97
- Building regulations: means any law, rule, resolution, regulation, ordinance, or code, general or special, or compilation thereof, enacted or adopted by the Commonwealth or any county or municipality, including departments, boards, bureaus, commissions, or other agencies of such state or local governments, relating to construction, reconstruction, alteration, conversion, repair, maintenance, or use of structures and buildings and installation of equipment therein. See Virginia Code 36-97
- Bureau: means the Virginia Department of State Police, Bureau of Criminal Investigation, Drug Diversion Unit. See Virginia Code 54.1-2519
- Bureau of Insurance: means the division of the Commission established to administer the insurance laws of the Commonwealth. See Virginia Code 38.2-100
- Business firm: means any corporation, partnership, electing small business (Subchapter S) corporation, limited liability company, or sole proprietorship authorized to do business in the Commonwealth and subject to tax imposed under Articles 2 (§ Virginia Code 36-158
- business of insurance: include solicitation, negotiations preliminary to execution, execution of an insurance contract, and the transaction of matters subsequent to execution of the contract and arising out of it. See Virginia Code 38.2-100
- Buyer: means the person who purchases at retail from a dealer or manufacturer a manufactured home for personal use as a residence or other related use. See Virginia Code 36-85.16
- Capacity reviewer: means a licensed physician or clinical psychologist who is qualified by training or experience to assess whether a person is capable or incapable of making an informed decision. See Virginia Code 54.1-2982
- Capital: means the sum of share accounts, reserves, and undivided earnings of a credit union. See Virginia Code 6.2-1300
- Caregiver: means an adult who provides care for a person with a disability as defined in § Virginia Code 2.2-3701
- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- Casework: means both direct treatment, with an individual or several individuals, and intervention in the situation on the client's behalf with the objectives of meeting the client's needs, helping the client deal with the problem with which he is confronted, strengthening the client's capacity to function productively, lessening his distress, and enhancing his opportunities and capacities for fulfillment. See Virginia Code 54.1-3700
- Casework management and supportive services: means assessment of presenting problems and perceived needs, referral services, policy interpretation, data gathering, planning, advocacy, and coordination of services. See Virginia Code 54.1-3700
- CDFI: means a community development financial institution that provides credit and financial services for underserved communities. See Virginia Code 36-156.3
- certification: means the certification issued by the Board pursuant to this chapter. See Virginia Code 10.1-1433
- Certified nurse aide: means a person who meets the qualifications specified in this article and who is currently certified by the Board. See Virginia Code 54.1-3000
- Certified nurse midwife: means an advanced practice registered nurse who is certified in the specialty of nurse midwifery and who is jointly licensed by the Boards of Medicine and Nursing as an advanced practice registered nurse pursuant to § Virginia Code 54.1-2900
- Certified registered nurse anesthetist: means an advanced practice registered nurse who is certified in the specialty of nurse anesthesia, who is jointly licensed by the Boards of Medicine and Nursing as an advanced practice registered nurse pursuant to § Virginia Code 54.1-2900
- Certified sex offender treatment provider: means a person who is certified to provide treatment to sex offenders and who provides such services in accordance with the provisions of §§ Virginia Code 54.1-3600
- Certified substance abuse counseling assistant: means a person certified by the Board to practice in accordance with the provisions of § Virginia Code 54.1-3500
- Certified substance abuse counselor: means a person certified by the Board to practice in accordance with the provisions of § Virginia Code 54.1-3500
- Chambers: A judge's office.
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Check 21 Act: Check 21 is a federal law that is designed to enable banks to handle more checks electronically, which is intended to make check processing faster and more efficient. Check 21 is the short name for the Check Clearing for the 21st Century Act, which went into effect on October 28, 2004. Source: OCC
- Chesapeake Bay Agreement: means the Chesapeake Bay Agreement of 2000 and any amendments thereto. See Virginia Code 10.1-2117
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- City: has the meaning assigned to it in § 1-208. See Virginia Code 33.2-100
- City: includes all cities chartered under the Commonwealth. See Virginia Code 10.1-500
- City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- Claim: means any request or demand, whether under a contract or otherwise, for money or property, regardless of whether the Commonwealth has title to the money or property, that (i) is presented to an officer, employee, or agent of the Commonwealth or (ii) is made to a contractor, grantee, or other recipient (a) if the money or property is to be spent or used on the Commonwealth's behalf or to advance a governmental program or interest and (b) if the Commonwealth provides or has provided any portion of the money or property requested or demanded or will reimburse such contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded. See Virginia Code 8.01-216.2
- Claimant: means any person who has filed a verified claim under this chapter. See Virginia Code 36-85.16
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Clinical nurse specialist: means an advanced practice registered nurse who is certified in the specialty of clinical nurse specialist and who is jointly licensed by the Boards of Medicine and Nursing as an advanced practice registered nurse pursuant to § Virginia Code 54.1-2900
- Clinical psychologist: means an individual licensed to practice clinical psychology. See Virginia Code 54.1-3600
- Clinical social worker: means a social worker who, by education and experience, is professionally qualified at the autonomous practice level to provide direct diagnostic, preventive and treatment services where functioning is threatened or affected by social and psychological stress or health impairment. See Virginia Code 54.1-3700
- Closed meeting: means a meeting from which the public is excluded. See Virginia Code 2.2-3701
- Co-licensed partner: means a person who, with at least one other person, has the right to engage in the manufacturing or marketing of a prescription drug, consistent with state and federal law. See Virginia Code 54.1-3401
- Code: means the appropriate standards of the Virginia Uniform Statewide Building Code and the Industrialized Building and Manufactured Home Safety Regulations adopted by the Board of Housing and Community Development and administered by the Department of Housing and Community Development pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 for manufactured homes. See Virginia Code 36-85.16
- Code provisions: means the provisions of the Uniform Statewide Building Code as adopted and promulgated by the Board and the amendments thereof as adopted and promulgated by the Board from time to time. See Virginia Code 36-97
- Collaboration: means the communication and decision-making process among health care providers who are members of a patient care team related to the treatment of a patient that includes the degree of cooperation necessary to provide treatment and care of the patient and includes (i) communication of data and information about the treatment and care of a patient, including the exchange of clinical observations and assessments, and (ii) development of an appropriate plan of care, including decisions regarding the health care provided, accessing and assessment of appropriate additional resources or expertise, and arrangement of appropriate referrals, testing, or studies. See Virginia Code 54.1-2900
- Collaborative agreement: means a voluntary, written, or electronic arrangement between one pharmacist and his designated alternate pharmacists involved directly in patient care at a single physical location where patients receive services and (i) any person licensed to practice medicine, osteopathy, or podiatry together with any person licensed, registered, or certified by a health regulatory board of the Department of Health Professions who provides health care services to patients of such person licensed to practice medicine, osteopathy, or podiatry; (ii) a physician's office as defined in § Virginia Code 54.1-3300
- Collaborative behavioral health services: means those supportive services that are provided by a registered behavioral health technician, registered behavioral health technician assistant, registered qualified mental health professional, or registered qualified mental health professional-trainee under the direction of and in collaboration with either a mental health professional licensed in the Commonwealth or a person under supervision as a prerequisite for licensure who has been approved by the Board of Counseling, Board of Psychology, or Board of Social Work. See Virginia Code 54.1-3500
- Commission: means the State Corporation Commission. See Virginia Code 38.2-100
- Commission: means the State Corporation Commission. See Virginia Code 6.2-100
- Commissioner: means the Commissioner of Behavioral Health and Developmental Services. See Virginia Code 37.2-900
- Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
- Commissioner: means the Commissioner of Financial Institutions. See Virginia Code 6.2-100
- Commissioner: means the Commissioner of the Department of Workforce Development and Advancement. See Virginia Code 2.2-2036
- Commissioner of Insurance: means the administrative or executive officer of the Bureau. See Virginia Code 38.2-100
- Committee: means the Health Practitioners' Monitoring Program Committee as described in § Virginia Code 54.1-2515
- Commodity in package form: means any commodity packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive of an auxiliary shipping container enclosing packages that individually conform to the requirements of this chapter. See Virginia Code 3.2-5600
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Commonwealth: means the Commonwealth of Virginia, any agency of state government, and any political subdivision of the Commonwealth. See Virginia Code 8.01-216.2
- Community: means a city or a county. See Virginia Code 54.1-2410
- Community services board: means the public body established pursuant to § Virginia Code 37.2-100
- Company: means any association, aggregate of individuals, business, corporation, individual, joint-stock company, Lloyds type of organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society. See Virginia Code 38.2-100
- Competition: includes training sessions or practice for a contest or event. See Virginia Code 8.01-227.11
- Competition terrain: means any part of a winter sports area in which an operator has authorized a competition to take place. See Virginia Code 8.01-227.11
- Competitor: means a winter sports participant who actually is engaged in a competition in any portion of a winter sports area made available by the winter sports area operator. See Virginia Code 8.01-227.11
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Compounding: means the combining of two or more ingredients to fabricate such ingredients into a single preparation and includes the mixing, assembling, packaging, or labeling of a drug or device (i) by a pharmacist, or within a permitted pharmacy, pursuant to a valid prescription issued for a medicinal or therapeutic purpose in the context of a bona fide practitioner-patient-pharmacist relationship, or in expectation of receiving a valid prescription based on observed historical patterns of prescribing and dispensing; (ii) by a practitioner of medicine, osteopathy, podiatry, dentistry, or veterinary medicine as an incident to his administering or dispensing, if authorized to dispense, a controlled substance in the course of his professional practice; or (iii) for the purpose of, or as incident to, research, teaching, or chemical analysis and not for sale or for dispensing. See Virginia Code 54.1-3401
- Computer equipment: means a desktop or notebook computer and may include a computer monitor or other display device. See Virginia Code 10.1-1425.27
- Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
- Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
- Consolidated Plan: means a document setting forth various housing and community development goals, objectives, and strategies to be followed by the Commonwealth in addressing housing and community development conditions in the Commonwealth and serving as the strategic plan for the programs established by the Department and, to the extent and in the manner determined in accordance with § Virginia Code 36-131
- Construction: means the construction, reconstruction, alteration, repair, or conversion of buildings and structures. See Virginia Code 36-97
- Consultation: means communicating data and information, exchanging clinical observations and assessments, accessing and assessing additional resources and expertise, problem-solving, and arranging for referrals, testing, or studies. See Virginia Code 54.1-2900
- Consultation and education: means program consultation in social work to agencies, organizations, or community groups; academic programs and other training such as staff development activities, seminars, and workshops using social work principles and theories of social work education. See Virginia Code 54.1-3700
- Consumer: means an individual who uses computer equipment that is purchased primarily for personal or home business use. See Virginia Code 10.1-1425.27
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means a written agreement between a practitioner and the Committee providing the terms and conditions of program participation or a written agreement entered into by the Director for the implementation of monitoring services. See Virginia Code 54.1-2515
- Controlled substance: means a drug, substance or immediate precursor in Schedules I through VI of the Drug Control Act, Chapter 34 (§ Virginia Code 54.1-2519
- Controlled substance: means a controlled substance as defined in Article 1 (§ Virginia Code 8.01-227.4
- Controlled substance analog: means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and either (i) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II or (ii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II. See Virginia Code 54.1-3401
- Conviction: A judgement of guilt against a criminal defendant.
- Corporate credit union: means a credit union whose field of membership consists primarily of other credit unions. See Virginia Code 6.2-1300
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Council: means the Apprenticeship Council. See Virginia Code 2.2-2036
- Counseling: means the application of principles, standards, and methods of the counseling profession in (i) conducting assessments and diagnoses for the purpose of establishing treatment goals and objectives and (ii) planning, implementing, and evaluating treatment plans using treatment interventions to facilitate human development and to identify and remediate mental, emotional, or behavioral disorders and associated distresses that interfere with mental health. See Virginia Code 54.1-3500
- Counterclaim: A claim that a defendant makes against a plaintiff.
- County: means any existing county or such unit hereafter created. See Virginia Code 15.2-102
- County: includes towns. See Virginia Code 10.1-500
- court: shall be deemed to include the courts of this Commonwealth, any other person or body appointed by it or acting under its process or authority in a judicial or quasi-judicial capacity, and any other judicial, quasi-judicial, or fact-finding body acting pursuant to the laws of the Commonwealth, including without limitation, the State Corporation Commission and the Virginia Workers' Compensation Commission. See Virginia Code 8.01-385
- Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
- Covered substance: means all controlled substances included in Schedules II, III, and IV; controlled substances included in Schedule V for which a prescription is required; naloxone; and all drugs of concern that are required to be reported to the Prescription Monitoring Program, pursuant to this chapter. See Virginia Code 54.1-2519
- Credit union: means a cooperative, nonprofit corporation organized under the laws of the Commonwealth and authorized to do business under this chapter for the purposes of encouraging thrift among its members, creating a source of credit at fair and reasonable rates of interest, providing an opportunity for its members to use and control their own money on a democratic basis in order to improve their economic and social condition, and conducting any other business, engaging in any other activity, and providing any other service that may be of benefit to its members, consistent with the provisions of this chapter and any regulations adopted by the Commission under this chapter. See Virginia Code 6.2-1300
- Credit union service organization: means any organization, corporation, or association, if (i) the membership or ownership, as the case may be, of such organization, corporation, or association is primarily confined or restricted to credit unions or organizations of credit unions and (ii) the purpose for which such organization, corporation, or association is organized is to strengthen or advance the development of credit unions or credit union organizations. See Virginia Code 6.2-1300
- Cremate: means to reduce a dead human body to ashes and bone fragments by the action of fire. See Virginia Code 54.1-2800
- Cremator: means a person or establishment that owns or operates a crematory or crematorium or cremates dead human bodies. See Virginia Code 54.1-2800
- crematorium: means a facility containing a furnace for cremation of dead human bodies. See Virginia Code 54.1-2800
- Criteria: means the criteria adopted by the Board, pursuant to § Virginia Code 10.1-1433
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- DEA: means the Drug Enforcement Administration, U. See Virginia Code 54.1-3401
- dealer: means any person, resident or nonresident, engaged in the business of buying, selling or dealing in manufactured homes or offering or displaying manufactured homes for sale in Virginia. See Virginia Code 36-85.16
- Decedent: A deceased person.
- Declarant: means an adult who makes an advance directive, as defined in this article, while capable of making and communicating an informed decision. See Virginia Code 54.1-2982
- Declinable preneed funeral guarantee fee: means an optional and declinable fee agreed to by a preneed funeral contract purchaser, if offered by a seller, for which the cost of the supplies and services as described in the preneed funeral contract shall be guaranteed. See Virginia Code 54.1-2800
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defect: means any deficiency in or damage to materials or workmanship occurring in a manufactured home which has been reasonably maintained and cared for in normal use. See Virginia Code 36-85.16
- Defective drywall: means drywall or similar building material composed of dried gypsum-based plaster that (i) contains elemental sulfur exceeding 10 parts per million as has been found in some drywall manufactured in the People's Republic of China and imported into the United States between 2004 and 2007 and, when exposed to heat, humidity, or both, releases elevated levels of hydrogen sulfide gas into the air or (ii) has been designated by the U. See Virginia Code 36-156.1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means any person charged with a sexually violent offense who is deemed to be an unrestorably incompetent defendant pursuant to § Virginia Code 37.2-900
- delivery: means the actual, constructive, or attempted transfer of any item regulated by this chapter, whether or not there exists an agency relationship, including delivery of a Schedule VI prescription device to an ultimate user or consumer on behalf of a medical equipment supplier by a manufacturer, nonresident manufacturer, wholesale distributor, nonresident wholesale distributor, warehouser, nonresident warehouser, third-party logistics provider, or nonresident third-party logistics provider at the direction of a medical equipment supplier in accordance with § Virginia Code 54.1-3401
- Demonstrated need: means (i) there is no facility in the community providing similar services and (ii) alternative financing is not available for the facility, or (iii) such other conditions as may be established by Board regulation. See Virginia Code 54.1-2410
- Dental hygiene: means duties related to patient assessment and the rendering of educational, preventive, and therapeutic dental services specified in regulations of the Board and not otherwise restricted to the practice of dentistry. See Virginia Code 54.1-2700
- Dental hygienist: means a person who is licensed by the Board to practice dental hygiene. See Virginia Code 54.1-2700
- Dentist: means a person who has been awarded a degree in and is licensed by the Board to practice dentistry. See Virginia Code 54.1-2700
- Dentistry: means the evaluation, diagnosis, prevention, and treatment, through surgical, nonsurgical, or related procedures, of diseases, disorders, and conditions of the oral cavity and the maxillofacial, adjacent, and associated structures and their impact on the human body. See Virginia Code 54.1-2700
- Department: means the Department of Housing and Community Development. See Virginia Code 36-85.3
- Department: means the Department of Housing and Community Development. See Virginia Code 36-131
- Department: means the Department of Housing and Community Development. See Virginia Code 36-141
- Department: means the Department of Housing and Community Development. See Virginia Code 36-152
- Department: means the Department of Housing and Community Development. See Virginia Code 36-156.1
- Department: means the Department of Agriculture and Consumer Services. See Virginia Code 36-156.3
- Department: means the Department of Housing and Community Development. See Virginia Code 36-158
- Department: means the Department of Transportation. See Virginia Code 33.2-100
- Department: means the Department of Behavioral Health and Developmental Services. See Virginia Code 37.2-100
- Department: means the Department of Behavioral Health and Developmental Services. See Virginia Code 37.2-900
- Department: means the Department of Health Professions. See Virginia Code 54.1-2500
- Department: means the Virginia Department of Health Professions. See Virginia Code 54.1-2519
- Department: means the Department of Housing and Community Development. See Virginia Code 36-85.16
- Department: means the Department of Housing and Community Development. See Virginia Code 36-97
- Department: means the Department of Agriculture and Consumer Services. See Virginia Code 3.2-100
- Department: means the Department of Conservation and Recreation. See Virginia Code 10.1-100
- Department: means the Department of Historic Resources. See Virginia Code 10.1-2200
- Department: means the Department of Environmental Quality. See Virginia Code 10.1-1400
- Department: means the Department of Environmental Quality. See Virginia Code 10.1-2120
- Department: means the Department of Environmental Quality. See Virginia Code 10.1-2123
- Department: means the Department of Workforce Development and Advancement. See Virginia Code 2.2-2036
- Dependent: A person dependent for support upon another.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Derelict structures: means residential, commercial or industrial structures which are no longer being used for a place of habitation, business or industry and which are in such poor condition as to cause a blight upon the neighborhood in which any such structure is located. See Virginia Code 36-152
- Designated trail: means a winter sports area trail on which a participant is permitted by the operator to participate in a winter sport. See Virginia Code 8.01-227.11
- Developmental disability: means a severe, chronic disability of an individual that (i) is attributable to a mental or physical impairment, or a combination of mental and physical impairments, other than a sole diagnosis of mental illness; (ii) is manifested before the individual reaches 22 years of age; (iii) is likely to continue indefinitely; (iv) results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and (v) reflects the individual's need for a combination and sequence of special interdisciplinary or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. See Virginia Code 37.2-100
- Developmental services: means planned, individualized, and person-centered services and supports provided to individuals with developmental disabilities for the purpose of enabling these individuals to increase their self-determination and independence, obtain employment, participate fully in all aspects of community life, advocate for themselves, and achieve their fullest potential to the greatest extent possible. See Virginia Code 37.2-100
- Device: means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals or to affect the structure or any function of the body of man or animals. See Virginia Code 54.1-3401
- Devise: To gift property by will.
- dialysis patient care technician: means an individual who is certified by an organization approved by the Board of Health Professions pursuant to Chapter 27. See Virginia Code 54.1-3401
- Digital scan: means digital technology that creates a computer-generated replica of the hard and soft tissues of the oral cavity using enhanced digital photography. See Virginia Code 54.1-2700
- Digital scan technician: means a person who has completed a training program approved by the Board to take digital scans of intraoral and extraoral hard and soft tissues for use in teledentistry. See Virginia Code 54.1-2700
- Digital work order: means the digital equivalent of a written dental laboratory work order used in the construction or repair of an appliance. See Virginia Code 54.1-2700
- Direct gross premium income: means direct gross premium as defined in § Virginia Code 38.2-402
- Director: means the Director of the Department of Housing and Community Development. See Virginia Code 36-131
- Director: means the Director of the Department of Housing and Community Development. See Virginia Code 36-156.1
- Director: means the Director of the Department of Corrections. See Virginia Code 37.2-900
- Director: means the Director of the Department of Health Professions. See Virginia Code 54.1-2500
- Director: means the Director of the Virginia Department of Health Professions. See Virginia Code 54.1-2519
- Director: means the Director of the Department of Housing and Community Development, or his designee. See Virginia Code 36-85.16
- Director: means the Director of the Department of Housing and Community Development. See Virginia Code 36-97
- Director: means the Director of the Department of Conservation and Recreation. See Virginia Code 10.1-100
- Director: means the Director of the Department of Historic Resources. See Virginia Code 10.1-2200
- Director: means the Director of the Department of Environmental Quality. See Virginia Code 10.1-1400
- Director: means the Director of the Department of Environmental Quality. See Virginia Code 10.1-2120
- Director: means the Director of the Department of Environmental Quality. See Virginia Code 10.1-2123
- Disciplinary action: means any proceeding that may lead to a monetary penalty or probation or to a reprimand, restriction, revocation, suspension, denial, or other order relating to the license, certificate, registration, or multistate privilege of a health care practitioner issued by a health regulatory board. See Virginia Code 54.1-2515
- Disclosure statement: means a sworn statement or affirmation, in such form as may be required by the Director, which includes:
1. See Virginia Code 10.1-1400
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Dispense: means to deliver a controlled substance to an ultimate user, research subject, or owner of an animal patient by or pursuant to the lawful order of a practitioner, including the prescribing and administering, packaging, labeling or compounding necessary to prepare the substance for that delivery. See Virginia Code 54.1-2519
- Dispense: means to deliver a drug to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing and administering, packaging, labeling, or compounding necessary to prepare the substance for delivery. See Virginia Code 54.1-3300
- dispense: includes only the provision of drugs by a practitioner to patients to take with them away from the practitioner's place of practice. See Virginia Code 54.1-3401
- Dispenser: means a person or entity that (i) is authorized by law to dispense a covered substance or to maintain a stock of covered substances for the purpose of dispensing, and (ii) dispenses the covered substance to a citizen of the Commonwealth regardless of the location of the dispenser, or who dispenses such covered substance from a location in Virginia regardless of the location of the recipient. See Virginia Code 54.1-2519
- Dispenser: means a practitioner who dispenses. See Virginia Code 54.1-3401
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Virginia Code 10.1-1400
- Distribute: means to deliver other than by administering or dispensing a controlled substance. See Virginia Code 54.1-3401
- Distributor: means a person who distributes. See Virginia Code 54.1-3401
- Docket: A log containing brief entries of court proceedings.
- Documentary material: means the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery. See Virginia Code 8.01-216.2
- Donee: The recipient of a gift.
- Donor: The person who makes a gift.
- Drug: means (i) articles or substances recognized in the official United States Pharmacopoeia National Formulary or official Homeopathic Pharmacopoeia of the United States, or any supplement to any of them; (ii) articles or substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (iii) articles or substances, other than food, intended to affect the structure or any function of the body of man or animals; (iv) articles or substances intended for use as a component of any article specified in clause (i), (ii), or (iii); or (v) a biological product. See Virginia Code 54.1-3401
- Drug product: means a specific drug in dosage form from a known source of manufacture, whether by brand or therapeutically equivalent drug product name. See Virginia Code 54.1-3401
- Durable Do Not Resuscitate Order: means a written physician's order issued pursuant to § Virginia Code 54.1-2982
- Electronic communication: means the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities to transmit or receive information. See Virginia Code 2.2-3701
- Electronic prescription: means a written prescription that is generated on an electronic application and is transmitted to a pharmacy as an electronic data file; Schedules II through V prescriptions shall be transmitted in accordance with Virginia Code 54.1-3401
- Eligible costs: means the down payment and allowable closing costs for the purchase of a single-family residence in the Commonwealth by a qualified beneficiary. See Virginia Code 36-171
- Eligible nonsignificant discharger: means any publicly owned treatment works that is not a significant discharger but due to expansion or new construction is subject to a technology-based standard under § Virginia Code 10.1-2117
- Embalmer: means any person engaged in the practice of embalming. See Virginia Code 54.1-2800
- Embalming: means the process of chemically treating the dead human body by arterial injection and cavity treatment or, when necessary, hypodermic tissue injection to reduce the presence and growth of microorganisms to temporarily retard organic decomposition. See Virginia Code 54.1-2800
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Emergency: means an unforeseen circumstance rendering the notice required by this chapter impossible or impracticable and which circumstance requires immediate action. See Virginia Code 2.2-3701
- Employee: means any officer, employee or agent of any agency, or any person acting on behalf of an agency in an official capacity, temporarily or permanently in the service of the Commonwealth, or any transportation district, whether with or without compensation. See Virginia Code 8.01-195.2
- Employee: includes an employee or officer of the Commonwealth. See Virginia Code 8.01-216.2
- Employer: includes the Commonwealth. See Virginia Code 8.01-216.2
- Employer: means any person or organization employing a registered apprentice, whether or not such person or organization is a party to an apprenticeship agreement with a sponsor. See Virginia Code 2.2-2043
- Encrypted: means the same as that term is defined in § Virginia Code 2.2-2036
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Entity: means any person, partnership, firm, corporation, or other business, including assisted living facilities as defined in § Virginia Code 54.1-2410
- Entity: means any corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or other legal or commercial entity. See Virginia Code 6.2-100
- Equipment: means plumbing, heating, electrical, ventilating, air-conditioning and refrigeration equipment, elevators, dumbwaiters, escalators, and other mechanical additions or installations. See Virginia Code 36-97
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Ex officio: Literally, by virtue of one's office.
- Ex officio: means service by virtue of one's office and includes voting privileges for ex officio members unless otherwise provided. See Virginia Code 1-215
- Executor: A male person named in a will to carry out the decedent
- Facility: means a state or licensed hospital, training center, psychiatric hospital, or other type of residential or outpatient mental health or developmental services facility. See Virginia Code 37.2-100
- Facility: includes structures that are not owned by the authority or its members but are subject to a cooperative arrangement pursuant to subdivision 13 of § Virginia Code 33.2-3800
- facility: means any facility, including land and structures, appurtenances, improvements and equipment for the treatment, storage or disposal of hazardous wastes, which accepts hazardous waste for storage, treatment or disposal. See Virginia Code 10.1-1433
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Family member: means an immediate family member of an individual receiving services or the principal caregiver of that individual. See Virginia Code 37.2-100
- farm: means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) "agricultural waste" means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) "waste-to-energy technology" means any technology, including but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
- Farm building or structure: means a building or structure not used for residential purposes, located on property where farming operations take place, and used primarily for any of the following uses or combination thereof:
1. See Virginia Code 36-97
- FDA: means the U. See Virginia Code 54.1-3401
- Federal Act: means the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended (Virginia Code 36-85.3
- Federal acts: means any act of Congress providing for waste management and regulations promulgated thereunder. See Virginia Code 10.1-1400
- Federal Regulations: means the Federal Manufactured Home Procedural and Enforcement Regulations. See Virginia Code 36-85.3
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- Federal Standards: means the Federal Manufactured Home Construction and Safety Standards. See Virginia Code 36-85.3
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: shall include any one or more of the following:
a. See Virginia Code 8.01-2
- Financial institution: means any bank, trust company, savings institution, industrial loan association, consumer finance company, or credit union or any benefit association, insurance company, safe deposit company, money market mutual fund, or similar entity authorized to do business in the Commonwealth. See Virginia Code 36-171
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Food establishment: means those operations subject to regulation by the Virginia Department of Health as food establishments under the authority granted by § Virginia Code 3.2-5508
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- freestyle terrain park: means any portion of a winter sports area that has been designated as such by the operator for freestyle skiing, freestyle snowboarding, or similar freestyle winter sports and includes, but is not limited to, the terrain park itself and features such as rails, boxes, jumps, hits, jibs, tabletops, spines, ramps, banks, pipes, half-pipes, quarter-pipes, tables, logs, or other man-made features such as buses and other vehicles, propane tanks, and tractor tires; snowcross terrain and features; and other constructed or natural features, but does not include moguls, bumps, or rollers or jumps not built by the operator, unless they are within a designated freestyle terrain park. See Virginia Code 8.01-227.11
- Freestyler: means a winter sports participant utilizing freestyle terrain or a freestyle terrain park. See Virginia Code 8.01-227.11
- Fund: means the Virginia Housing Trust Fund created by this chapter. See Virginia Code 36-141
- Fund: means the Virginia Removal or Rehabilitation of Derelict Structures Fund created by this chapter. See Virginia Code 36-152
- Fund: means the Virginia Defective Drywall Correction and Restoration Assistance Fund. See Virginia Code 36-156.1
- Fund: means the Virginia Food Access Investment Fund. See Virginia Code 36-156.3
- Fund: means the Housing Revitalization Zone Fund. See Virginia Code 36-158
- Fund: means the Virginia Water Quality Improvement Fund established by Article 4 (§ Virginia Code 10.1-2117
- Fund: means the Technical Assistance Fund created pursuant to § Virginia Code 10.1-1433
- Fund: means the Virginia Water Quality Improvement Fund established by § Virginia Code 10.1-2127.1
- Funding: means loans, forgivable loans, and grants made from the Fund. See Virginia Code 36-156.3
- Funeral directing: means the for-profit profession of directing or supervising funerals, preparing human dead for burial by means other than embalming, or making arrangements for funeral services or the financing of funeral services. See Virginia Code 54.1-2800
- Funeral director: means any person engaged in the practice of funeral directing. See Virginia Code 54.1-2800
- Funeral service establishment: means any main establishment, branch, or chapel that is permanently affixed to the real estate and for which a certificate of occupancy has been issued by the local building official where any part of the profession of funeral directing, the practice of funeral services, or the act of embalming is performed. See Virginia Code 54.1-2800
- Funeral service intern: means a person who is preparing to be licensed for the practice of funeral services under the direct supervision of a practitioner licensed by the Board. See Virginia Code 54.1-2800
- Funeral service licensee: means a person who is licensed in the practice of funeral services. See Virginia Code 54.1-2800
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Genetic counselor: means a person licensed by the Board to engage in the practice of genetic counseling. See Virginia Code 54.1-2900
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing bodies: means the county boards of supervisors, city and town councils, and boards of visitors of institutions of higher education that are members of the authority. See Virginia Code 33.2-3800
- Governing body: means the board of supervisors of a county, council of a city, or council of a town, as the context may require. See Virginia Code 15.2-102
- governmental: includes the government of this Commonwealth, the government of the United States, and any of their subdivisions, agencies or instrumentalities. See Virginia Code 10.1-500
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Grantor: The person who establishes a trust and places property into it.
- Gross weight: means the total weight of the commodity, including any wrapper, and any other material or thing weighed or packed with such commodity, and including the vehicle or vessel containing the commodity. See Virginia Code 3.2-5600
- Group practice: means two or more health care practitioners who are members of the same legally organized partnership, professional corporation, not-for-profit corporation, faculty practice or similar association in which (i) each member provides substantially the full range of services within his licensed or certified scope of practice at the same location as the other members through the use of the organization's office space, facilities, equipment, or personnel; (ii) payments for services received from a member are treated as receipts of the organization; and (iii) the overhead expenses and income from the practice are distributed according to methods previously determined by the members. See Virginia Code 54.1-2410
- Group work: means helping people, in the realization of their potential for social functioning, through group experiences in which the members are involved with common concerns and in which there is agreement about the group's purpose, function, and structure. See Virginia Code 54.1-3700
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Hazardous substance: means a substance listed under the federal Comprehensive Environmental Response Compensation and Liability Act, P. See Virginia Code 10.1-1400
- Hazardous waste: means a solid waste or combination of solid waste that because of its quantity, concentration or physical, chemical, or infectious characteristics may:
1. See Virginia Code 10.1-1400
- HDA: means the Virginia Housing Development Authority created in Chapter 1. See Virginia Code 36-141
- Healing arts: means the arts and sciences dealing with the prevention, diagnosis, treatment and cure or alleviation of human physical or mental ailments, conditions, diseases, pain or infirmities. See Virginia Code 54.1-2900
- Health care: means the furnishing of services to any individual for the purpose of preventing, alleviating, curing, or healing human illness, injury or physical disability, including but not limited to, medications; surgery; blood transfusions; chemotherapy; radiation therapy; admission to a hospital, nursing home, assisted living facility, or other health care facility; psychiatric or other mental health treatment; and life-prolonging procedures and palliative care. See Virginia Code 54.1-2982
- Health care provider: means a health care provider as defined in § Virginia Code 8.01-227.4
- Health services: means any procedures or services related to prevention, diagnosis, treatment, and care rendered by a health care worker, regardless of whether the worker is regulated by the Commonwealth. See Virginia Code 54.1-2410
- Health services plan: means any arrangement for offering or administering health services or similar or related services by a corporation licensed under Virginia Code 38.2-100
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Helmet: means a type of molded headgear equipped with a neck or chin strap specifically designed by the manufacturer to be used while engaged in the winter sport of alpine skiing or snowboarding. See Virginia Code 8.01-227.11
- Highway: means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth. See Virginia Code 33.2-100
- Host community: means any county, city or town within whose jurisdictional boundaries construction of a hazardous waste facility is proposed. See Virginia Code 10.1-1433
- Household hazardous waste: means any waste material derived from households (including single and multiple residences, hotels, motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas) which, except for the fact that it is derived from a household, would be classified as a hazardous waste, including nickel, cadmium, mercuric oxide, manganese, zinc-carbon or lead batteries; solvent-based paint, paint thinner, paint strippers, or other paint solvents; any product containing trichloroethylene, toxic art supplies, used motor oil and unusable gasoline or kerosene, fluorescent or high intensity light bulbs, ammunition, fireworks, banned pesticides, or restricted-use pesticides as defined in § Virginia Code 10.1-1400
- Housing revitalization zone: means an area declared by the Governor to be eligible for the benefits of this chapter. See Virginia Code 36-158
- Housing sponsor: means individuals, joint ventures, partnerships, limited partnerships, public bodies, trusts, firms, associations, or other legal entities or any combination thereof, corporations, cooperatives and condominiums, approved by the Department of Housing and Community Development as qualified either to own, construct, acquire, rehabilitate, operate, manage or maintain a housing development, whether nonprofit or organized for limited profit subject to the regulatory powers of the Department of Housing and Community Development and other terms and conditions set forth in this chapter. See Virginia Code 36-141
- Housing unit: means any building, structure, or portion thereof, which is occupied as, or intended for occupancy as, a residence by one or more families. See Virginia Code 36-158
- HUD: means the United States Department of Housing and Urban Development. See Virginia Code 36-85.3
- Immediate family: means the individuals in a household who are related by blood, marriage, or other recognized family relationship. See Virginia Code 6.2-1300
- Immediate family member: means the individual's spouse, child, child's spouse, stepchild, stepchild's spouse, grandchild, grandchild's spouse, parent, stepparent, parent-in-law, or sibling. See Virginia Code 54.1-2410
- Immediate precursor: means a substance which the Board of Pharmacy has found to be and by regulation designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture. See Virginia Code 54.1-3401
- Impairment: means a physical or mental disability, including but not limited to substance abuse, that substantially alters the ability of a practitioner to practice his profession with safety to his patients and the public. See Virginia Code 54.1-2515
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
- In-person communication: means face-to-face communication and telephonic communication. See Virginia Code 54.1-2800
- Incapable of making an informed decision: means the inability of an adult patient, because of mental illness, intellectual disability, or any other mental or physical disorder that precludes communication or impairs judgment, to make an informed decision about providing, continuing, withholding or withdrawing a specific health care treatment or course of treatment because he is unable to understand the nature, extent or probable consequences of the proposed health care decision, or to make a rational evaluation of the risks and benefits of alternatives to that decision. See Virginia Code 54.1-2982
- incarcerated: means confinement in a local or regional correctional facility, juvenile correctional center, state correctional facility, residential detention center, or facility operated pursuant to the Corrections Private Management Act (§ Virginia Code 8.01-195.10
- Includes: means includes, but not limited to. See Virginia Code 1-218
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- individual: means a current direct recipient of public or private mental health, developmental, or substance abuse treatment, rehabilitation, or habilitation services and includes the terms "consumer" "patient" "resident" "recipient" or "client. See Virginia Code 37.2-100
- inhabitants: means with reference to any county, city, town, political subdivision of the Commonwealth or any combination thereof, the natural persons in such county, city, town, political subdivision or combination as shown by the unadjusted United States decennial census last preceding the time at which any provision dependent upon population is being applied or the time as of which it is being construed. See Virginia Code 1-235
- inherent risks of the winter sport: include :
1. See Virginia Code 8.01-227.11
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Inspector: means a state inspector who is employed and authorized to test, certify, and seal weights and measures. See Virginia Code 3.2-5600
- Institutions of higher education: means any educational institution meeting the requirements of § Virginia Code 10.1-2117
- Insurance company: means any company engaged in the business of making contracts of insurance. See Virginia Code 38.2-100
- insurance policies: shall include contracts of fidelity, indemnity, guaranty and suretyship. See Virginia Code 38.2-100
- Insurer: means an insurance company. See Virginia Code 38.2-100
- Intellectual disability: means a disability, originating before the age of 18 years, characterized concurrently by (i) significant subaverage intellectual functioning as demonstrated by performance on a standardized measure of intellectual functioning, administered in conformity with accepted professional practice, that is at least two standard deviations below the mean and (ii) significant limitations in adaptive behavior as expressed in conceptual, social, and practical adaptive skills. See Virginia Code 37.2-100
- Interchangeable: means a biosimilar that meets safety standards for determining interchangeability pursuant to Virginia Code 54.1-3401
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Intestate: Dying without leaving a will.
- Investigation: means any inquiry conducted by an investigator for the purpose of ascertaining whether any person is or has been engaged in any violation of this article. See Virginia Code 8.01-216.2
- Investment interest: means the ownership or holding of an equity or debt security, including, but not limited to, shares of stock in a corporation, interests or units of a partnership, bonds, debentures, notes, or other equity or debt instruments, except investment interests in a hospital licensed pursuant to Article 1 (§ Virginia Code 54.1-2410
- Investor: means an individual or entity directly or indirectly possessing a legal or beneficial ownership interest, including an investment interest. See Virginia Code 54.1-2410
- Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
- isomer: means the optical, position, and geometric isomers. See Virginia Code 54.1-3401
- Joint apprenticeship committee: means a group equally representative of management and labor representatives that works under a bargaining agreement and is established to carry out the administration of an apprenticeship training program. See Virginia Code 2.2-2043
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Jurisprudence: The study of law and the structure of the legal system.
- Juror: A person who is on the jury.
- key personnel: includes all key personnel of that entity, provided that where such entity is a chartered lending institution or a reporting company under the Federal Securities Exchange Act of 1934, "key personnel" does not include key personnel of such entity. See Virginia Code 10.1-1400
- Label: means a display of written, printed, or graphic matter upon any article or the immediate container (not including package liners) of any article. See Virginia Code 3.2-5400
- Label: means a display of written, printed, or graphic matter upon the immediate container of any article. See Virginia Code 54.1-3401
- Labeling: means all labels and other written, printed, or graphic matter on an article or any of its containers or wrappers, or accompanying such article. See Virginia Code 54.1-3401
- laser surgery: means treatment through revision, destruction, incision or other structural alteration of human tissue using laser technology. See Virginia Code 54.1-2400.01
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Legacy: A gift of property made by will.
- Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
- Legislative branch employee: means (i) a General Assembly member; (ii) a General Assembly member's legislative assistant or other legislative staff compensated in whole, or in part, with state appropriations, working full-time for the member; and (iii) all other full-time employees of each legislative branch agency of the Commonwealth. See Virginia Code 30-129.4
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- License: means the document issued to an applicant upon completion of requirements for admission to practice dentistry or dental hygiene in the Commonwealth or upon registration for renewal of license to continue the practice of dentistry or dental hygiene in the Commonwealth. See Virginia Code 54.1-2700
- License to practice dentistry: means any license to practice dentistry issued by the Board. See Virginia Code 54.1-2700
- License year: means the 12-month period beginning on July 1 next succeeding the assessable year and ending on June 30 of the subsequent year. See Virginia Code 38.2-402
- licensed: means a state hospital and a licensed hospital that provides care and treatment for persons with mental illness. See Virginia Code 37.2-100
- Licensed certified midwife: means a person who is licensed as a certified midwife by the Boards of Medicine and Nursing. See Virginia Code 54.1-2900
- Licensed hospital: means a hospital or institution, including a psychiatric unit of a general hospital, that is licensed pursuant to the provisions of this title. See Virginia Code 37.2-100
- licensed practical nurse: means a person who is licensed or holds a multistate licensure privilege under the provisions of this chapter to practice practical nursing as defined in this section. See Virginia Code 54.1-3000
- licensed practical nursing: means the performance for compensation of selected nursing acts in the care of individuals or groups who are ill, injured, or experiencing changes in normal health processes; in the maintenance of health; in the prevention of illness or disease; or, subject to such regulations as the Board may promulgate, in the teaching of those who are or will be nurse aides. See Virginia Code 54.1-3000
- Licensed substance abuse treatment practitioner: means a person who: (i) is trained in and engages in the practice of substance abuse treatment with individuals or groups of individuals suffering from the effects of substance abuse or dependence, and in the prevention of substance abuse or dependence; and (ii) is licensed to provide advanced substance abuse treatment and independent, direct, and unsupervised treatment to such individuals or groups of individuals, and to plan, evaluate, supervise, and direct substance abuse treatment provided by others. See Virginia Code 54.1-3500
- Lien: A claim against real or personal property in satisfaction of a debt.
- Life insurance: includes policies that also provide (i) endowment benefits; (ii) additional benefits incidental to a loss in the event of death, dismemberment, or loss by accident or accidental means; (iii) additional benefits to safeguard the contract from lapse or to provide a special surrender value, a special benefit or an annuity, in the event of total and permanent disability of the insured; and (iv) optional modes of settlement of proceeds. See Virginia Code 38.2-102
- Life-prolonging procedure: means any medical procedure, treatment or intervention which (i) utilizes mechanical or other artificial means to sustain, restore or supplant a spontaneous vital function, or is otherwise of such a nature as to afford a patient no reasonable expectation of recovery from a terminal condition and (ii) when applied to a patient in a terminal condition, would serve only to prolong the dying process. See Virginia Code 54.1-2982
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Local building department: means the agency or agencies of any local governing body charged with the administration, supervision, or enforcement of the Building Code and regulations, approval of plans, inspection of buildings, or issuance of permits, licenses, certificates, or similar documents. See Virginia Code 36-97
- Local governing body: means the governing body of any county, city, or town in the Commonwealth. See Virginia Code 36-97
- Local government: means any county, city, town, municipal corporation, authority, district, commission, or political subdivision of the Commonwealth created by the General Assembly or otherwise created pursuant to the laws of the Commonwealth or any combination of the foregoing. See Virginia Code 36-156.1
- Local government: means any county, city, town, municipal corporation, authority, district, commission or political subdivision of the Commonwealth. See Virginia Code 10.1-2117
- Local zone administrator: means the chief executive of the county, city, or town in which a housing revitalization zone is located, or his designee. See Virginia Code 36-158
- locality: means any county, city or town in the Commonwealth. See Virginia Code 36-152
- Locality: has the meaning assigned to it in § 1-221. See Virginia Code 33.2-100
- Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
- Maintenance: means (i) ordinary maintenance; (ii) maintenance replacement; (iii) operations that include traffic signal synchronization, incident management, and other intelligent transportation system functions; and (iv) any other categories of maintenance that may be designated by the Commissioner of Highways. See Virginia Code 33.2-100
- Manifest: means the form used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage of such hazardous waste. See Virginia Code 10.1-1400
- Manufacture: means the production, preparation, propagation, conversion, or processing of any item regulated by this chapter, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. See Virginia Code 54.1-3401
- Manufactured home: means a structure subject to federal regulation, which is transportable in one or more sections; is eight body feet or more in width and forty body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. See Virginia Code 36-85.3
- Manufactured home: means a structure constructed to federal standards, transportable in one or more sections, which, in the traveling mode, is 8 feet or more in width and is 40 feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. See Virginia Code 36-85.16
- manufacturer: means any persons, resident or nonresident, who manufacture or assemble manufactured homes for sale in Virginia. See Virginia Code 36-85.16
- Manufacturer: means every person who manufactures, a manufacturer's co-licensed partner, or a repackager. See Virginia Code 54.1-3401
- Manufacturer: means a person who in any calendar year:
1. See Virginia Code 10.1-1425.27
- Marijuana: means any part of a plant of the genus Cannabis whether growing or not, its seeds, or its resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, its resin, or any extract containing one or more cannabinoids. See Virginia Code 54.1-3401
- Marriage and family therapist: means a person trained in the appraisal and treatment of cognitive, affective, or behavioral mental and emotional disorders within the context of marriage and family systems through the application of therapeutic and family systems theories and techniques. See Virginia Code 54.1-3500
- Marriage and family therapy: means the appraisal and treatment of cognitive, affective, or behavioral mental and emotional disorders within the context of marriage and family systems through the application of therapeutic and family systems theories and techniques and delivery of services to individuals, couples, and families, singularly or in groups, for the purpose of treating such disorders. See Virginia Code 54.1-3500
- Massage therapist: means a person who meets the qualifications specified in this chapter and who is currently licensed by the Board. See Virginia Code 54.1-3000
- Massage therapy: means the treatment of soft tissues for therapeutic purposes by the application of massage and bodywork techniques based on the manipulation or application of pressure to the muscular structure or soft tissues of the human body. See Virginia Code 54.1-3000
- Material: means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. See Virginia Code 8.01-216.2
- Maxillofacial: means pertaining to the jaws and face, particularly with reference to specialized surgery of this region. See Virginia Code 54.1-2700
- Medical equipment supplier: means any person, as defined in § 1-230, engaged in the delivery to the ultimate consumer, pursuant to the lawful order of a practitioner, of hypodermic syringes and needles, medicinal oxygen, Schedule VI controlled devices, those Schedule VI controlled substances with no medicinal properties that are used for the operation and cleaning of medical equipment, solutions for peritoneal dialysis, and sterile water or saline for irrigation. See Virginia Code 54.1-3401
- Medical malpractice judgment: means any final order of any court entering judgment against a licensee of the Board that arises out of any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or that should have been rendered, by a health care provider, to a patient. See Virginia Code 54.1-2900
- Medical malpractice settlement: means any written agreement and release entered into by or on behalf of a licensee of the Board in response to a written claim for money damages that arises out of any personal injuries or wrongful death, based on health care or professional services rendered, or that should have been rendered, by a health care provider, to a patient. See Virginia Code 54.1-2900
- Medicare: means the "Health Insurance for the Aged Act" Title XVIII of the Social Security Amendment of 1965, as amended. See Virginia Code 38.2-100
- meetings: means the meetings including work sessions, when sitting physically, or through electronic communication means pursuant to § Virginia Code 2.2-3701
- Member: means a person appointed by the governing body of a city or county to the behavioral health authority board of directors. See Virginia Code 37.2-600
- Members: means the counties, cities, towns, and institutions of higher education that comprise the authority. See Virginia Code 33.2-3800
- Mental health services: means planned individualized interventions intended to reduce or ameliorate mental illness or the effects of mental illness through care, treatment, counseling, rehabilitation, medical or psychiatric care, or other supports provided to individuals with mental illness for the purpose of enabling these individuals to increase their self-determination and independence, obtain remunerative employment, participate fully in all aspects of community life, advocate for themselves, and achieve their fullest potential to the greatest extent possible. See Virginia Code 37.2-100
- Mental illness: means a disorder of thought, mood, emotion, perception, or orientation that significantly impairs judgment, behavior, capacity to recognize reality, or ability to address basic life necessities and requires care and treatment for the health, safety, or recovery of the individual or for the safety of others. See Virginia Code 37.2-100
- Mineral: means petroleum, natural gas, coal, ore, rock and any other solid chemical element or compound which results from the inorganic process of nature. See Virginia Code 10.1-108
- Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
- Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- Municipality: means any city or town in the Commonwealth. See Virginia Code 36-97
- Music therapist: means a person who has (i) completed a bachelor's degree or higher in music therapy, or its equivalent; (ii) satisfied the requirements for licensure set forth in regulations adopted by the Board pursuant to § Virginia Code 54.1-3709.1
- Music therapy: means the clinical and evidence-based use of music interventions to accomplish individualized goals within a therapeutic relationship through an individualized music therapy treatment plan for the client that identifies the goals, objectives, and potential strategies of the music therapy services appropriate for the client using music therapy interventions, which may include music improvisation, receptive music listening, songwriting, lyric discussion, music and imagery, music performance, learning through music, and movement to music. See Virginia Code 54.1-3709.1
- Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (i) opium, opiates, and any salt, compound, derivative, or preparation of opium or opiates; (ii) any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (i), but not including the isoquinoline alkaloids of opium; (iii) opium poppy and poppy straw; or (iv) coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extraction of coca leaves which do not contain cocaine or ecgonine. See Virginia Code 54.1-3401
- National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- Neglect: means failure by a person or a program or facility operated, licensed, or funded by the Department, excluding those operated by the Department of Corrections, responsible for providing services to do so, including nourishment, treatment, care, goods, or services necessary to the health, safety, or welfare of an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse. See Virginia Code 37.2-100
- Net weight: means the net weight of a commodity, that is, the weight of the commodity exclusive of any wrapper, and any other material or thing weighed or packed with such commodity, and excluding the vehicle or vessel containing the commodity. See Virginia Code 3.2-5600
- New drug: means (i) any drug, except a new animal drug or an animal feed bearing or containing a new animal drug, the composition of which is such that such drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and effective for use under the conditions prescribed, recommended, or suggested in the labeling, except that such a drug not so recognized shall not be deemed to be a "new drug" if at any time prior to the enactment of this chapter it was subject to the Food and Drugs Act of June 30, 1906, as amended, and if at such time its labeling contained the same representations concerning the conditions of its use, or (ii) any drug, except a new animal drug or an animal feed bearing or containing a new animal drug, the composition of which is such that such drug, as a result of investigations to determine its safety and effectiveness for use under such conditions, has become so recognized, but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions. See Virginia Code 54.1-3401
- Next of kin: means any of the following persons, regardless of the relationship to the decedent: any person designated to make arrangements for the disposition of the decedent's remains upon his death pursuant to § Virginia Code 54.1-2800
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Nonlegislative citizen member: means any natural person who is not a member of the General Assembly of Virginia. See Virginia Code 1-225
- Nonpoint source pollution: means pollution of state waters washed from the land surface in a diffuse manner and not resulting from a discernible, defined or discrete conveyance. See Virginia Code 10.1-2117
- Notary: means notary public. See Virginia Code 1-226
- Nuclear medicine technologist: means an individual who holds a current certification with the American Registry of Radiological Technologists or the Nuclear Medicine Technology Certification Board. See Virginia Code 54.1-3401
- Nurse practitioner: means an advanced practice registered nurse, other than an advanced practice registered nurse licensed by the Boards of Medicine and Nursing in the category of certified nurse midwife, certified registered nurse anesthetist, or clinical nurse specialist, who is jointly licensed by the Boards of Medicine and Nursing pursuant to § Virginia Code 54.1-2900
- Nurse practitioner: means an advanced practice registered nurse who is jointly licensed by the Boards of Medicine and Nursing pursuant to § Virginia Code 54.1-3000
- Nursing home: means any public or private facility required to be licensed as a nursing home under the provisions of Virginia Code 54.1-3100
- Nursing home administrator: means any individual charged with the general administration of a nursing home regardless of whether he has an ownership interest in the facility. See Virginia Code 54.1-3100
- Nutrient removal technology: means state-of-the-art nutrient removal technology, biological nutrient removal technology, or other nutrient removal technology. See Virginia Code 10.1-2117
- Oath: A promise to tell the truth.
- Oath: includes affirmation. See Virginia Code 1-228
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Obligation: means an established duty, whether or not fixed, arising from (i) an express or implied contractual, grantor-grantee, or licensor-licensee relationship; (ii) a fee-based or similar relationship; (iii) a statute or regulation; or (iv) the retention of any overpayment. See Virginia Code 8.01-216.2
- Occupational therapy assistant: means an individual who has met the requirements of the Board for licensure and who works under the supervision of a licensed occupational therapist to assist in the practice of occupational therapy. See Virginia Code 54.1-2900
- Office practice: means the facility or facilities at which a practitioner, on an ongoing basis, provides or supervises the provision of health services to consumers. See Virginia Code 54.1-2410
- Official compendium: means the official United States Pharmacopoeia National Formulary, official Homeopathic Pharmacopoeia of the United States, or any supplement to any of them. See Virginia Code 54.1-3401
- official publication: includes any registry or listing of licenses, permits, or registrations posted on the official website of an agency or political subdivision. See Virginia Code 8.01-385
- Official use: means any use that is consistent with the law, regulations, and policies of the Commonwealth, including use in connection with (i) internal memoranda and reports of the Office of the Attorney General; (ii) communications between the Office of the Attorney General and a federal, state, or local government agency, or a contractor of a federal, state, or local government agency, undertaken in furtherance of an Office of the Attorney General investigation or prosecution of a case; (iii) interviews of any qui tam relator or other witness; (iv) oral examinations; (v) depositions; (vi) the preparation for and response to civil discovery requests; (vii) the introduction into the record of a case or proceeding; (viii) applications, motions, memoranda, and briefs submitted to a court or other tribunal; and (ix) communications with government investigators, auditors, consultants, experts, the counsel of other parties, arbitrators, and mediators, concerning an investigation, case, or proceeding. See Virginia Code 8.01-216.2
- Official written order: means an order written on a form provided for that purpose by the U. See Virginia Code 54.1-3401
- On-hold prescription: means a valid prescription that is received and maintained by the pharmacy for initial dispensing on a future date. See Virginia Code 54.1-3300
- On-site: means facilities that are located on the same or geographically contiguous property which may be divided by public or private right-of-way, and the entrance and exit between the contiguous properties is at a cross-roads intersection so that the access is by crossing, as opposed to going along, the right-of-way. See Virginia Code 10.1-1433
- operating board: means the public body organized in accordance with the provisions of Chapter 5 (§ Virginia Code 37.2-100
- Operator: means a person who is responsible for the overall operation of a facility. See Virginia Code 10.1-1433
- Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability. See Virginia Code 54.1-3401
- Opium poppy: means the plant of the species Papaver somniferum L. See Virginia Code 54.1-3401
- Optometrist: means any person practicing the profession of optometry as defined in this chapter and the regulations of the Board. See Virginia Code 54.1-3200
- Oral and maxillofacial surgeon: means a person who has successfully completed an oral and maxillofacial residency program, approved by the Commission on Dental Accreditation of the American Dental Association, and who holds a valid license from the Board. See Virginia Code 54.1-2700
- Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
- Original package: means the unbroken container or wrapping in which any drug or medicine is enclosed together with label and labeling, put up by or for the manufacturer, wholesaler, or distributor for use in the delivery or display of such article. See Virginia Code 54.1-3401
- Outsourcing facility: means a facility that is engaged in the compounding of sterile drugs and is currently registered as an outsourcing facility with the U. See Virginia Code 54.1-3401
- Oversight: Committee review of the activities of a Federal agency or program.
- Owner: means the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, or lessee in control of a building or structure. See Virginia Code 36-97
- Owner: means a person who owns a facility or a part of a facility. See Virginia Code 10.1-1433
- participating in a winter sport: means :
1. See Virginia Code 8.01-227.11
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Passenger: means any individual, including a winter sports participant, while being transported or conveyed by a passenger tramway, while waiting in the immediate vicinity for such transportation or conveyance, while moving away from the disembarkation or unloading point of a passenger tramway to clear the way for the following passengers, or while boarding or embarking upon or unloading or disembarking from a passenger tramway. See Virginia Code 8.01-227.11
- Passenger tramway: means any ski lift, chairlift, gondola, tramway, cable car, or other aerial lift and any rope tow, conveyor, t-bar, j-bar, handle tow, or other surface lift used by an operator to transport participants, spectators, observers, or pedestrians at a winter sports area, and any associated components including, but not limited to, lift towers, concrete tower foundations, tower bolts, tower ladders, lift terminals, chairs, gondolas, t-bars, j-bars, conveyors, and other structures relating to passenger tramways. See Virginia Code 8.01-227.11
- Patient care consulting committee: means a committee duly organized by a facility licensed to provide health care under Virginia Code 54.1-2982
- Patient care team: means a multidisciplinary team of health care providers actively functioning as a unit with the management and leadership of one or more patient care team physicians for the purpose of providing and delivering health care to a patient or group of patients. See Virginia Code 54.1-2900
- Patient care team physician: means a physician who is actively licensed to practice medicine in the Commonwealth, who regularly practices medicine in the Commonwealth, and who provides management and leadership in the care of patients as part of a patient care team. See Virginia Code 54.1-2900
- Patient care team podiatrist: means a podiatrist who is actively licensed to practice podiatry in the Commonwealth, who regularly practices podiatry in the Commonwealth, and who provides management and leadership in the care of patients as part of a patient care team. See Virginia Code 54.1-2900
- Performance contract: means the annual agreement negotiated and entered into by a community services board or behavioral health authority with the Department through which it provides state and federal funds appropriated for mental health, developmental, and substance abuse services to that community services board or behavioral health authority. See Virginia Code 37.2-100
- Persistent vegetative state: means a condition caused by injury, disease or illness in which a patient has suffered a loss of consciousness, with no behavioral evidence of self-awareness or awareness of surroundings in a learned manner, other than reflex activity of muscles and nerves for low level conditioned response, and from which, to a reasonable degree of medical probability, there can be no recovery. See Virginia Code 54.1-2982
- Person: shall include individuals, a trust, an estate, a partnership, an association, an order, a corporation, or any other legal or commercial entity;
6. See Virginia Code 8.01-2
- Person: means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds type of organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society. See Virginia Code 38.2-100
- person: includes an individual, his executor, administrator, or other personal representative, or a corporation, partnership, association or any other legal or commercial entity, whether or not a citizen or domiciliary of the Commonwealth and whether or not organized under the laws of the Commonwealth. See Virginia Code 8.01-285
- Person: means any individual, natural person, firm, partnership, association, corporation, legal representative, or other recognized legal entity. See Virginia Code 36-85.16
- Person: includes any natural person, corporation, firm, association, organization, partnership, limited liability company, business or trust. See Virginia Code 8.01-216.2
- Person: means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 8.01-227.11
- Person: means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or other legal or commercial entity. See Virginia Code 6.2-100
- Person: includes an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity. See Virginia Code 10.1-1400
- Person: means both the plural and singular, as the case demands, and includes an individual, partnership, corporation, association, governmental agency, trust, or other institution or entity. See Virginia Code 54.1-3401
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Person under a disability: shall include :
a. See Virginia Code 8.01-2
- personal action: shall include an action wherein a judgment for money is sought, whether for damages to person or property. See Virginia Code 8.01-228
- Personal estate: includes chattels real and such other estate as, upon the death of the owner intestate, would devolve upon his personal representative. See Virginia Code 1-233
- Personal property: All property that is not real property.
- Personal representative: includes the executor of a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 1-234
- personality disorder: means a congenital or acquired condition that affects a person's emotional or volitional capacity and renders the person so likely to commit sexually violent offenses that he constitutes a menace to the health and safety of others. See Virginia Code 37.2-900
- Pharmacist: means a person holding a license issued by the Board to practice pharmacy. See Virginia Code 54.1-3300
- Pharmacist-in-charge: means the person who, being licensed as a pharmacist, signs the application for a pharmacy permit and assumes full legal responsibility for the operation of the relevant pharmacy in a manner complying with the laws and regulations for the practice of pharmacy and the sale and dispensing of controlled substances; the "pharmacist-in-charge" shall personally supervise the pharmacy and the pharmacy's personnel as required by § Virginia Code 54.1-3401
- Pharmacy: means every establishment or institution in which drugs, medicines, or medicinal chemicals are dispensed or offered for sale, or a sign is displayed bearing the word or words "pharmacist" "pharmacy" "apothecary" "drugstore" "druggist" "drugs" "medicine store" "drug sundries" "prescriptions filled" or any similar words intended to indicate that the practice of pharmacy is being conducted. See Virginia Code 54.1-3300
- Pharmacy intern: means a student currently enrolled in or a graduate of an approved school of pharmacy who is registered with the Board for the purpose of gaining the practical experience required to apply for licensure as a pharmacist. See Virginia Code 54.1-3300
- Pharmacy technician: means a person registered with the Board to assist a pharmacist under the pharmacist's supervision. See Virginia Code 54.1-3300
- Pharmacy technician trainee: means a person registered with the Board for the purpose of performing duties restricted to a pharmacy technician as part of a pharmacy technician training program in accordance with the provisions of subsection G of § Virginia Code 54.1-3300
- Physical therapist: means any person licensed by the Board to engage in the practice of physical therapy. See Virginia Code 54.1-3473
- Physical therapist assistant: means any person licensed by the Board to assist a physical therapist in the practice of physical therapy. See Virginia Code 54.1-3473
- Physician: means a person licensed to practice medicine in the Commonwealth of Virginia or in the jurisdiction where the health care is to be rendered or withheld. See Virginia Code 54.1-2982
- Physician assistant: means a health care professional who has met the requirements of the Board for licensure as a physician assistant. See Virginia Code 54.1-2900
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Planning and community organization: means helping organizations and communities analyze social problems and human needs; planning to assist organizations and communities in organizing for general community development; and improving social conditions through the application of social planning, resource development, advocacy, and social policy formulation. See Virginia Code 54.1-3700
- Planning district: means a contiguous area within the boundaries established by the Department of Housing and Community Development. See Virginia Code 36-158
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Point source pollution: means pollution of state waters resulting from any discernible, defined or discrete conveyances. See Virginia Code 10.1-2117
- policy-advisory board: means the public body organized in accordance with the provisions of Chapter 5 that is appointed by and accountable to the governing body of each city or county that established it to provide advice on policy matters to the local government department that provides mental health, developmental, and substance abuse services pursuant to subsection A of § Virginia Code 37.2-100
- Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Virginia Code 54.1-3401
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Practice of acupuncture: means the stimulation of certain points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of certain ailments or conditions of the body and includes the techniques of electroacupuncture, cupping, and moxibustion. See Virginia Code 54.1-2900
- Practice of applied psychology: means application of the principles and methods of psychology to improvement of organizational function, personnel selection and evaluation, program planning and implementation, individual motivation, development and behavioral adjustment, as well as consultation on teaching and research. See Virginia Code 54.1-3600
- Practice of athletic training: means the prevention, recognition, evaluation, and treatment of injuries or conditions related to athletic or recreational activity that requires physical skill and utilizes strength, power, endurance, speed, flexibility, range of motion or agility or a substantially similar injury or condition resulting from occupational activity immediately upon the onset of such injury or condition; and subsequent treatment and rehabilitation of such injuries or conditions, including in an inpatient or outpatient setting, under the direction of the patient's physician or under the direction of any doctor of medicine, osteopathy, chiropractic, podiatry, or dentistry, while using heat, light, sound, cold, electricity, exercise or mechanical or other devices. See Virginia Code 54.1-2900
- Practice of audiology: means the practice of conducting measurement, testing and evaluation relating to hearing and vestibular systems, including audiologic and electrophysiological measures, and conducting programs of identification, hearing conservation, habilitation, and rehabilitation for the purpose of identifying disorders of the hearing and vestibular systems and modifying communicative disorders related to hearing loss, including but not limited to vestibular evaluation, limited cerumen management, electrophysiological audiometry and cochlear implants. See Virginia Code 54.1-2600
- Practice of counseling: means rendering or offering to render to individuals, groups, organizations, or the general public any service involving the application of principles, standards, and methods of the counseling profession, which shall include appraisal, counseling, and referral activities. See Virginia Code 54.1-3500
- Practice of funeral services: means engaging in the care and disposition of the human dead, the preparation of the human dead for the funeral service, burial or cremation, the making of arrangements for the funeral service or for the financing of the funeral service and the selling or making of financial arrangements for the sale of funeral supplies to the public. See Virginia Code 54.1-2800
- Practice of genetic counseling: means (i) obtaining and evaluating individual and family medical histories to assess the risk of genetic medical conditions and diseases in a patient, his offspring, and other family members; (ii) discussing the features, history, diagnosis, environmental factors, and risk management of genetic medical conditions and diseases; (iii) ordering genetic laboratory tests and other diagnostic studies necessary for genetic assessment; (iv) integrating the results with personal and family medical history to assess and communicate risk factors for genetic medical conditions and diseases; (v) evaluating the patient's and family's responses to the medical condition or risk of recurrence and providing client-centered counseling and anticipatory guidance; (vi) identifying and utilizing community resources that provide medical, educational, financial, and psychosocial support and advocacy; and (vii) providing written documentation of medical, genetic, and counseling information for families and health care professionals. See Virginia Code 54.1-2900
- Practice of marriage and family therapy: means the appraisal and treatment of cognitive, affective, or behavioral mental and emotional disorders within the context of marriage and family systems through the application of therapeutic and family systems theories and techniques, which shall include assessment, treatment, and referral activities. See Virginia Code 54.1-3500
- Practice of occupational therapy: means the therapeutic use of occupations for habilitation and rehabilitation to enhance physical health, mental health, and cognitive functioning and includes the evaluation, analysis, assessment, and delivery of education and training in basic and instrumental activities of daily living; the design, fabrication, and application of orthoses (splints); the design, selection, and use of adaptive equipment and assistive technologies; therapeutic activities to enhance functional performance; vocational evaluation and training; and consultation concerning the adaptation of physical, sensory, and social environments. See Virginia Code 54.1-2900
- Practice of optometry: means practice in accordance with the provisions of § Virginia Code 54.1-3200
- Practice of pharmacy: means the personal health service that is concerned with the art and science of selecting, procuring, recommending, administering, preparing, compounding, packaging, and dispensing of drugs, medicines, and devices used in the diagnosis, treatment, or prevention of disease, whether compounded or dispensed on a prescription or otherwise legally dispensed or distributed, and shall include (i) the proper and safe storage and distribution of drugs; (ii) the maintenance of proper records; (iii) the responsibility of providing information concerning drugs and medicines and their therapeutic values and uses in the treatment and prevention of disease; (iv) the management of patient care under the terms of a collaborative agreement as defined in this section; and (v) the initiating of treatment with or dispensing or administering of certain drugs, devices, or controlled paraphernalia in accordance with the provisions of § Virginia Code 54.1-3300
- practice of pharmacy: as used in this chapter have the same meanings as provided in Chapter 33 (§ Virginia Code 54.1-3401
- Practice of physical therapy: means that branch of the healing arts that is concerned with, upon medical referral and direction, the evaluation, testing, treatment, reeducation and rehabilitation by physical, mechanical or electronic measures and procedures of individuals who, because of trauma, disease or birth defect, present physical and emotional disorders. See Virginia Code 54.1-3473
- Practice of podiatry: means the prevention, diagnosis, treatment, and cure or alleviation of physical conditions, diseases, pain, or infirmities of the human foot and ankle, including the medical, mechanical and surgical treatment of the ailments of the human foot and ankle, but does not include amputation of the foot proximal to the transmetatarsal level through the metatarsal shafts. See Virginia Code 54.1-2900
- Practice of psychology: means the practice of applied psychology, clinical psychology, or school psychology. See Virginia Code 54.1-3600
- Practice of respiratory care: means the (i) administration of pharmacological, diagnostic, and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribed by a practitioner of medicine or osteopathic medicine; (ii) transcription and implementation of the written or verbal orders of a practitioner of medicine or osteopathic medicine pertaining to the practice of respiratory care; (iii) observation and monitoring of signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing, including determination of whether such signs, symptoms, reactions, behavior or general physical response exhibit abnormal characteristics; and (iv) implementation of respiratory care procedures, based on observed abnormalities, or appropriate reporting, referral, respiratory care protocols or changes in treatment pursuant to the written or verbal orders by a licensed practitioner of medicine or osteopathic medicine or the initiation of emergency procedures, pursuant to the Board's regulations or as otherwise authorized by law. See Virginia Code 54.1-2900
- practice of school psychology: means :
1. See Virginia Code 54.1-3600
- Practice of social work: means rendering or offering to render to individuals, families, groups, organizations, governmental units, or the general public service which is guided by special knowledge of social resources, social systems, human capabilities, and the part conscious and unconscious motivation play in determining behavior. See Virginia Code 54.1-3700
- Practice of speech-language pathology: means the practice of facilitating development and maintenance of human communication through programs of screening, identifying, assessing and interpreting, diagnosing, habilitating and rehabilitating speech-language disorders, including but not limited to:
1. See Virginia Code 54.1-2600
- Practice of substance abuse treatment: means rendering or offering to render substance abuse treatment to individuals, groups, organizations, or the general public. See Virginia Code 54.1-3500
- Practice of surgical assisting: means the performance of significant surgical tasks, including manipulation of organs, suturing of tissue, placement of hemostatic agents, injection of local anesthetic, harvesting of veins, implementation of devices, and other duties as directed by a licensed doctor of medicine, osteopathy, or podiatry under the direct supervision of a licensed doctor of medicine, osteopathy, or podiatry. See Virginia Code 54.1-2900
- Practitioner: means any individual certified or licensed by any of the health regulatory boards within the Department of Health Professions, except individuals regulated by the Board of Funeral Directors and Embalmers or the Board of Veterinary Medicine. See Virginia Code 54.1-2410
- Practitioner: means any individual regulated by any health regulatory board listed in § Virginia Code 54.1-2515
- Practitioner: means a physician, dentist, licensed advanced practice registered nurse pursuant to § Virginia Code 54.1-3401
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Preneed: means at any time other than at-need. See Virginia Code 54.1-2800
- Preneed funeral contract: means any agreement where payment is made by the consumer prior to the receipt of services or supplies contracted for, which evidences arrangements prior to death for (i) the providing of funeral services or (ii) the sale of funeral supplies. See Virginia Code 54.1-2800
- Preneed funeral planning: means the making of arrangements prior to death for (i) the providing of funeral services or (ii) the sale of funeral supplies. See Virginia Code 54.1-2800
- Prescriber: means a practitioner licensed in the Commonwealth who is authorized pursuant to §§ Virginia Code 54.1-2519
- Prescriber: means a practitioner who is authorized pursuant to §§ Virginia Code 54.1-3401
- Prescription: means an order for drugs or medical supplies, written or signed or transmitted by word of mouth, telephone, telegraph, or other means of communication to a pharmacist by a duly licensed physician, dentist, veterinarian, or other practitioner authorized by law to prescribe and administer such drugs or medical supplies. See Virginia Code 54.1-3401
- Prescription drug: means any drug required by federal law or regulation to be dispensed only pursuant to a prescription, including finished dosage forms and active ingredients subject to § 503(b) of the Federal Food, Drug, and Cosmetic Act (Virginia Code 54.1-3401
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
- process: shall be deemed to include notice;
2. See Virginia Code 8.01-285
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- produce: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance or marijuana. See Virginia Code 54.1-3401
- Product of discovery: means (i) the original or duplicate of any deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature; (ii) any digest, analysis, selection, compilation, or derivation of any item listed in clause (i); and (iii) any index or other manner of access to any item listed in clause (i). See Virginia Code 8.01-216.2
- Professional counselor: means a person trained in the application of principles, standards, and methods of the counseling profession, including counseling interventions designed to facilitate an individual's achievement of human development goals and remediating mental, emotional, or behavioral disorders and associated distresses that interfere with mental health and development. See Virginia Code 54.1-3500
- Professional judgment: includes consideration of the client's level of disability, functional limitations and capabilities; consideration of client aptitudes, career and technical skills and abilities; education and pre-injury employment; and identification of return-to-work options and service needs which culminate in the determination or recommendation of appropriate employment for the rehabilitation client. See Virginia Code 54.1-3510
- Program: means the Virginia Food Access Investment Program. See Virginia Code 36-156.3
- Program: means the Health Practitioners' Monitoring Program established pursuant to § Virginia Code 54.1-2515
- Proprietary medicine: means a completely compounded nonprescription drug in its unbroken, original package which does not contain any controlled substance or marijuana as defined in this chapter and is not in itself poisonous, and which is sold, offered, promoted, or advertised directly to the general public by or under the authority of the manufacturer or primary distributor, under a trademark, trade name, or other trade symbol privately owned, and the labeling of which conforms to the requirements of this chapter and applicable federal law. See Virginia Code 54.1-3401
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Psychological practitioner: means a person licensed pursuant to § 54. See Virginia Code 54.1-3600
- Psychologist: means a person licensed to practice school, applied, or clinical psychology. See Virginia Code 54.1-3600
- Public body: means any legislative body, authority, board, bureau, commission, district, or agency of the Commonwealth or of any political subdivision of the Commonwealth, including counties, cities, and towns, municipal councils, governing bodies of counties, school boards, and planning commissions; governing boards of public institutions of higher education; and other organizations, corporations, or agencies in the Commonwealth supported wholly or principally by public funds. See Virginia Code 2.2-3701
- public business: means any activity a public body has undertaken or proposes to undertake on behalf of the people it represents. See Virginia Code 2.2-3701
- Public corporation: means the Commonwealth of Virginia or any political subdivision thereof or any incorporated municipality therein or any public agency of the Commonwealth or of any political subdivision thereof or of any municipality therein. See Virginia Code 1-219.1
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- public meeting: means a meeting at which the public may be present. See Virginia Code 2.2-3701
- Public records: means all writings and recordings that consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostatting, photography, magnetic impulse, optical or magneto-optical form, mechanical or electronic recording, or other form of data compilation, however stored, and regardless of physical form or characteristics, prepared or owned by, or in the possession of a public body or its officers, employees, or agents in the transaction of public business. See Virginia Code 2.2-3701
- Publicly owned treatment works: means a publicly owned sewage collection system consisting of pipelines or conduits, pumping stations and force mains, and all other construction, devices, and appliances appurtenant thereto, or any equipment, plant, treatment works, structure, machinery, apparatus, interest in land, or any combination of these, not including an onsite sewage system, that is used, operated, acquired, or constructed for the storage, collection, treatment, neutralization, stabilization, reduction, recycling, reclamation, separation, or disposal of wastewater, or for the final disposal of residues resulting from the treatment of sewage, including but not limited to: treatment or disposal plants; outfall sewers, interceptor sewers, and collector sewers; pumping and ventilating stations, facilities, and works; and other real or personal property and appurtenances incident to their development, use, or operation. See Virginia Code 10.1-2117
- Purchaser: means the first person purchasing a manufactured home in good faith for purposes other than resale. See Virginia Code 36-85.3
- Qualified beneficiary: means only an individual who resides in the Commonwealth at the time of settlement on the purchase of a single-family residence in the Commonwealth who (i) has never owned or purchased under contract for deed, either individually or jointly, a single-family residence in the Commonwealth or outside of the Commonwealth; (ii) is designated as the beneficiary of an account designated by the account holder as a first-time home buyer savings account; and (iii) may apply moneys or funds held in such account for eligible costs. See Virginia Code 36-171
- Qualified business firm: means a business firm designated as a qualified business firm by the Department pursuant to § 36-165. See Virginia Code 36-158
- Qualified medical direction: means , in the context of the practice of respiratory care, having readily accessible to the respiratory therapist a licensed practitioner of medicine or osteopathic medicine who has specialty training or experience in the management of acute and chronic respiratory disorders and who is responsible for the quality, safety, and appropriateness of the respiratory services provided by the respiratory therapist. See Virginia Code 54.1-2900
- qualified mental health professional: includes a qualified mental health professional-adult and qualified mental health professional-child. See Virginia Code 54.1-3500
- Qualified mental health professional-trainee: means a person who is receiving supervised training to qualify as a qualified mental health professional in accordance with the provisions of § 54. See Virginia Code 54.1-3500
- Qualified owner occupant: means the owner of a housing unit who also uses the housing unit as the owner's residence, and who is designated as a qualified owner occupant pursuant to § 36-165. See Virginia Code 36-158
- Quorum: The number of legislators that must be present to do business.
- Radiologic technologist: means an individual, other than a licensed doctor of medicine, osteopathy, podiatry, or chiropractic or a dentist licensed pursuant to Chapter 27 (§ Virginia Code 54.1-2900
- Radiologist assistant: means an individual who has met the requirements of the Board for licensure as an advanced-level radiologic technologist and who, under the direct supervision of a licensed doctor of medicine or osteopathy specializing in the field of radiology, is authorized to (i) assess and evaluate the physiological and psychological responsiveness of patients undergoing radiologic procedures; (ii) evaluate image quality, make initial observations, and communicate observations to the supervising radiologist; (iii) administer contrast media or other medications prescribed by the supervising radiologist; and (iv) perform, or assist the supervising radiologist to perform, any other procedure consistent with the guidelines adopted by the American College of Radiology, the American Society of Radiologic Technologists, and the American Registry of Radiologic Technologists. See Virginia Code 54.1-2900
- Radiopharmaceutical: means any drug that exhibits spontaneous disintegration of unstable nuclei with the emission of nuclear particles or photons and includes any non-radioactive reagent kit or radionuclide generator that is intended to be used in the preparation of any such substance, but does not include drugs such as carbon-containing compounds or potassium-containing salts that include trace quantities of naturally occurring radionuclides. See Virginia Code 54.1-3401
- rates: means any rate of premium, policy fee, membership fee or any other charge made by an insurer for or in connection with a contract or policy of insurance. See Virginia Code 38.2-100
- real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Recess: A temporary interruption of the legislative business.
- Recipient: means a person who receives a covered substance from a dispenser and includes the owner of an animal patient. See Virginia Code 54.1-2519
- Reciprocal: means the aggregation of subscribers under a common name. See Virginia Code 38.2-1201
- Records: as used in this article , shall be deemed to include any memorandum, report, paper, data compilation, or other record in any form, or any combination thereof. See Virginia Code 8.01-389
- recovery fund: means the Virginia Manufactured Housing Transaction Recovery Fund. See Virginia Code 36-85.16
- Reenacted: when used in the title or enactment of a bill or act of the General Assembly, means that the changes enacted to a section of the Code of Virginia or an act of the General Assembly are in addition to the existing substantive provisions in that section or act, and are effective prospectively unless the bill expressly provides that such changes are effective retroactively on a specified date. See Virginia Code 1-238
- Reference biological product: means the single biological product licensed pursuant to Virginia Code 54.1-3401
- Referral: means to send or direct a patient for health services to another health care practitioner or entity outside the referring practitioner's group practice or office practice or to establish a plan of care which requires the provision of any health services outside the referring practitioner's group practice or office practice. See Virginia Code 54.1-2410
- Referral activities: means the evaluation of data to identify problems and to determine advisability of referral to other specialists. See Virginia Code 54.1-3500
- Region: means Planning District 4. See Virginia Code 33.2-3800
- Registered peer recovery specialist: means a person who by education and experience is professionally qualified and registered by the Board to provide collaborative services to assist individuals in achieving sustained recovery from the effects of addiction or mental illness, or both. See Virginia Code 54.1-3500
- registered professional nurse: means a person who is licensed or holds a multistate licensure privilege under the provisions of this chapter to practice professional nursing as defined in this section. See Virginia Code 54.1-3000
- registered professional nursing: means the performance for compensation of any nursing acts in the observation, care and counsel of individuals or groups who are ill, injured or experiencing changes in normal health processes or the maintenance of health; in the prevention of illness or disease; in the supervision and teaching of those who are or will be involved in nursing care; in the delegation of selected nursing tasks and procedures to appropriately trained unlicensed persons as determined by the Board; or in the administration of medications and treatments as prescribed by any person authorized by law to prescribe such medications and treatment. See Virginia Code 54.1-3000
- Registrant: means any person who has registered with the Department as a transporter of waste kitchen grease. See Virginia Code 3.2-5508
- Regulant: means any person, firm, corporation, association, partnership, joint venture, or any other legal entity required by this chapter to be licensed by the Board. See Virginia Code 36-85.16
- regulatory board: means any board included within the Department of Health Professions as provided in § Virginia Code 54.1-2500
- Relevant health regulatory board: means any such board that licenses persons or entities with the authority to prescribe or dispense covered substances, including the Board of Dentistry, the Board of Medicine, the Board of Veterinary Medicine, and the Board of Pharmacy. See Virginia Code 54.1-2519
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
- Remote dispensing system: means a profile-driven automated drug dispensing system that performs operations or activities relative to the storage, packaging, labeling, or dispensing of medications employing bidirectional audio-visual technology to facilitate pharmacist communication with a patient, authorized agent of the patient, or person licensed to administer drugs, and collects, controls, and maintains all information online. See Virginia Code 54.1-3401
- Remote participation: means participation by an individual member of a public body by electronic communication means in a public meeting where a quorum of the public body is otherwise physically assembled. See Virginia Code 2.2-3701
- Renderer: means any person who commercially cooks carcasses, or parts or products of carcasses, of cattle, swine, poultry, and other animals and other waste animal by-products and waste kitchen grease into usable products. See Virginia Code 3.2-5508
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Research: means the application of systematic procedures for the purpose of developing, modifying, and expanding knowledge of social work practice which can be communicated and verified. See Virginia Code 54.1-3700
- Reserves: means the total of allowances for loan losses, regular, special, and any other type of funds held in reserve. See Virginia Code 6.2-1300
- Residency: means a post-internship supervised clinical experience registered with the Board. See Virginia Code 54.1-3500
- Resident: means an individual who has submitted a supervisory contract to the Board and has received Board approval to provide clinical services in professional counseling under supervision. See Virginia Code 54.1-3500
- Residential housing: means a specific work or improvement within this Commonwealth, whether multi-family residential housing or single-family residential housing undertaken primarily to provide dwelling accommodations, including the acquisition, construction, rehabilitation, preservation or improvement of land, buildings and improvements thereto, for residential housing, and such other nonhousing facilities as may be incidental, related, or appurtenant thereto. See Virginia Code 36-141
- Respiratory care: means the practice of the allied health profession responsible for the direct and indirect services, including inhalation therapy and respiratory therapy, in the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system under qualified medical direction. See Virginia Code 54.1-2900
- Respondent: means the person who is subject of a petition filed under this chapter. See Virginia Code 37.2-900
- Responsible party: means a manufacturer, dealer, or supplier of manufactured homes. See Virginia Code 36-85.16
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Retained earnings: means undivided earnings, regular reserve, reserve for contingencies, supplemental reserves, reserves for losses, and other appropriations from undivided earnings as designated by management or the Bureau. See Virginia Code 6.2-1300
- return: shall be deemed to include the term "proof of service";
3. See Virginia Code 8.01-285
- Review Board: means the State Building Code Technical Review Board. See Virginia Code 36-97
- SAA: means the Department of Housing and Community Development which is responsible for the administration and enforcement of this law throughout Virginia and of the plan authorized by § Virginia Code 36-85.3
- sale: includes barter and exchange. See Virginia Code 3.2-5600
- sale: include lease-purchase transactions. See Virginia Code 36-85.16
- Sale: includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as an individual, proprietor, agent, servant, or employee. See Virginia Code 54.1-3401
- salesperson: means any person who for compensation or valuable consideration is employed either directly or indirectly by, or affiliated as an independent contractor with, a manufactured home dealer, broker or manufacturer to sell or offer to sell, or to buy or offer to buy, or to negotiate the purchase, sale or exchange, or to lease or offer to lease new or used manufactured homes. See Virginia Code 36-85.16
- Scholastic records: means those records containing information directly related to a student or an applicant for admission and maintained by a public body that is an educational agency or institution or by a person acting for such agency or institution. See Virginia Code 2.2-3701
- School psychologist: means a person licensed by the Board of Psychology to practice school psychology. See Virginia Code 54.1-3600
- Secretary: means the Secretary of Transportation. See Virginia Code 33.2-100
- Service area: means the city or county or combination of cities and counties or counties or cities that is served by a community services board or behavioral health authority or the cities and counties that are served by a state facility. See Virginia Code 37.2-100
- Service of process: The service of writs or summonses to the appropriate party.
- Set-up: means the operations performed at the occupancy site which render a manufactured home fit for habitation. See Virginia Code 36-85.16
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Settlement statement: means the statement of receipts and disbursements for a transaction related to real estate, including a statement prescribed under the Real Estate Settlement Procedures Act of 1974 (RESPA), Virginia Code 36-171
- Sexual harassment: means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when such conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment. See Virginia Code 30-129.4
- Sexually violent offense: means a felony under (i) former § 18-54, former § 18. See Virginia Code 37.2-900
- Sexually violent predator: means any person who (i) has been convicted of a sexually violent offense, or has been charged with a sexually violent offense and is unrestorably incompetent to stand trial pursuant to § Virginia Code 37.2-900
- Shares: means the interest of a member having an account in a credit union. See Virginia Code 6.2-1300
- Sheriff: shall include deputy sheriffs and such other persons designated in § Virginia Code 8.01-2
- Significant discharger: means (i) a publicly owned treatment works discharging to the Chesapeake Bay watershed with a design capacity of 0. See Virginia Code 10.1-2117
- Single-family residence: means a single-family residence owned and occupied by a qualified beneficiary, including a manufactured home, trailer, mobile home, condominium unit, or cooperative. See Virginia Code 36-171
- Skirting: means a weather-resistant material used to enclose the space from the bottom of the manufactured home to grade. See Virginia Code 36-85.3
- Sludge: means any solid, semisolid, or liquid wastes with similar characteristics and effects generated from a public, municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, air pollution control facility, or any other waste-producing facility. See Virginia Code 10.1-1400
- Snowmaking equipment: means any machine used to make snow, including but not limited to snow guns and any associated towers, components, pipe, hydrant, hose, or other structures or equipment, including electrical equipment. See Virginia Code 8.01-227.11
- Social worker: means a person trained to provide service and action to effect changes in human behavior, emotional responses, and the social conditions by the application of the values, principles, methods, and procedures of the profession of social work. See Virginia Code 54.1-3700
- soil and water conservation district: means a political subdivision of this Commonwealth organized in accordance with the provisions of this chapter. See Virginia Code 10.1-500
- Solicitation: means initiating contact with consumers with the intent of influencing their selection of a funeral plan or funeral service provider. See Virginia Code 54.1-2800
- Solid waste: means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, commercial, mining, and agricultural operations, or community activities, but does not include (i) solid or dissolved material in domestic sewage; (ii) solid or dissolved material in irrigation return flows or in industrial discharges that are sources subject to a permit from the State Water Control Board; (iii) source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended; or (iv) post-use polymers or recovered feedstocks that are (a) processed at an advanced recycling facility or (b) held at or held for the purpose of conversion at such advanced recycling facility prior to conversion. See Virginia Code 10.1-1400
- Solid waste management facility: means a site used for planned treating, long-term storage, or disposing of solid waste. See Virginia Code 10.1-1400
- Speech-language disorders: means disorders in fluency, speech articulation, voice, receptive and expressive language (syntax, morphology, semantics, pragmatics), swallowing disorders, and cognitive communication functioning. See Virginia Code 54.1-2600
- Speech-language pathologist: means any person who engages in the practice of speech-language pathology. See Virginia Code 54.1-2600
- Sponsor: means either an individual employer, a group of employers, or an association or organization operating an apprenticeship program and in whose name the program is registered. See Virginia Code 2.2-2043
- State: includes District of Columbia;
(f) "Transit facilities" means all real and personal property located in the Zone, necessary or useful in rendering transit service between points within the Zone, by means of rail, bus, water or air and any other mode of travel, including, without limitation, tracks, rights-of-way, bridges, tunnels, subways, rolling stock for rail, motor vehicle, marine and air transportation, stations, terminals and ports, areas for parking and all equipment, fixtures, buildings and structures and services incidental to or required in connection with the performance of transit service;
(g) "Transit services" means the transportation of persons and their packages and baggage by means of transit facilities between points within the Zone including the transportation of newspapers, express and mail between such points, and charter service which originates within the Zone but does not include taxicab service or individual-ticket-sales sightseeing operations;
(h) "Transit Zone" or "Zone" means the Washington Metropolitan Area Transit Zone created and described in Section 3 as well as any additional area that may be added pursuant to Section 83(a) of this Compact; and
(i) "WMATC" means Washington Metropolitan Area Transit Commission. See Virginia Code 33.2-3100
- State: means any commonwealth, state, territory, district or insular possession of the United States. See Virginia Code 38.2-100
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- State agency: means any department, board, bureau, commission, agency, or other unit of state government in the Commonwealth. See Virginia Code 36-97
- state agency: means the same as that term is defined in § Virginia Code 1-206
- State hospital: means a hospital, psychiatric institute, or other institution operated by the Department that provides care and treatment for persons with mental illness. See Virginia Code 37.2-100
- State waters: means all waters on the surface or under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdictions. See Virginia Code 10.1-2117
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- statutory agent: means (i) the Commissioner of the Department of Motor Vehicles and the Secretary of the Commonwealth, and the successors of either, when appointed pursuant to law for the purpose of service of process on the nonresident defined in subdivision 2 of § Virginia Code 8.01-285
- Stop work order: means a legally binding written order to immediately cease work on a building or structure that (i) is issued by a local building official to a property owner, the property owner's agent, or the person performing the work; (ii) identifies the specific violations of the Building Code in regard to the work being performed; and (iii) states the conditions under which such work may be resumed. See Virginia Code 36-97
- Storage: means the containment or holding of hazardous wastes pending treatment, recycling, reuse, recovery or disposal. See Virginia Code 10.1-1433
- Store-and-forward technologies: means the technologies that allow for the electronic transmission of dental and health information, including images, photographs, documents, and health histories, through a secure communication system. See Virginia Code 54.1-2700
- Structure: means an assembly of materials forming a construction for occupancy or use, including stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks, underground and aboveground storage tanks, trestles, piers, wharves, swimming pools, amusement devices, storage bins, and other structures of this general nature but excluding water wells. See Virginia Code 36-97
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Subscriber: means a person obligated under a reciprocal insurance agreement. See Virginia Code 38.2-1201
- Substance abuse: means the use of drugs, enumerated in the Virginia Drug Control Act (§ Virginia Code 37.2-100
- Substance abuse treatment: means (i) the application of specific knowledge, skills, substance abuse treatment theory, and substance abuse treatment techniques to define goals and develop a treatment plan of action regarding substance abuse or dependence prevention, education, or treatment in the substance abuse or dependence recovery process and (ii) referrals to medical, social services, psychological, psychiatric, or legal resources when such referrals are indicated. See Virginia Code 54.1-3500
- Substantial identity of interest: means (i) a controlling financial interest by the individual or corporate principals of the manufactured home broker, dealer, or manufacturer whose license has been revoked or not renewed or (ii) substantially identical principals or officers as the manufactured home broker, dealer, or manufacturer whose license has been revoked or not renewed by the Board. See Virginia Code 36-85.16
- Summons: Another word for subpoena used by the criminal justice system.
- Supervision: means the direction and control by a pharmacist of the activities of a pharmacy intern or a pharmacy technician whereby the supervising pharmacist is physically present in the pharmacy or in the facility in which the pharmacy is located when the intern or technician is performing duties restricted to a pharmacy intern or technician, respectively, and is available for immediate oral communication. See Virginia Code 54.1-3300
- Supervision: means the ongoing process, performed by a supervisor, of monitoring the performance of the person supervised and providing regular, documented individual or group consultation, guidance, and instruction with respect to the clinical skills and competencies of the person supervised. See Virginia Code 54.1-3500
- Supervisor: means a member of the board of supervisors of a county. See Virginia Code 15.2-102
- Supplier: means the original producer of completed components, including refrigerators, stoves, water heaters, dishwashers, cabinets, air conditioners, heating units, and similar components, and materials such as floor coverings, panelling, siding, trusses, and similar materials, which are furnished to a manufacturer or a dealer for installation in the manufactured home prior to sale to a buyer. See Virginia Code 36-85.16
- Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
- Surgical assistant: means an individual who has met the requirements of the Board for licensure as a surgical assistant and who works under the direct supervision of a licensed doctor of medicine, osteopathy, or podiatry. See Virginia Code 54.1-2900
- Surplus to policyholders: means the excess of total admitted assets over the liabilities of an insurer, and shall be the sum of all capital and surplus accounts, including any voluntary reserves, minus any impairment of all capital and surplus accounts. See Virginia Code 38.2-100
- sworn: means "affirm" or "affirmed. See Virginia Code 1-250
- Tare weight: means the weight of any wrapper, and any other vehicle, vessel, material or thing that is weighed with, but not an actual part of, a commodity sold by weight; thus, tare weight may include, in the case of a packaged commodity, a wrapper, container, packaging material, binding material, preservative, or the like, or in the case of bulk commodity, a vehicle, box, can, jar, or the like. See Virginia Code 3.2-5600
- Teledentistry: means the delivery of dentistry between a patient and a dentist who holds a license to practice dentistry issued by the Board through the use of telehealth systems and electronic technologies or media, including interactive, two-way audio or video. See Virginia Code 54.1-2700
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Terminal condition: means a condition caused by injury, disease or illness from which, to a reasonable degree of medical probability a patient cannot recover and (i) the patient's death is imminent or (ii) the patient is in a persistent vegetative state. See Virginia Code 54.1-2982
- Terminal condition: means a condition caused by injury, disease, or illness from which, to a reasonable degree of medical probability, a patient cannot recover and (i) the patient's death is imminent or (ii) the patient is in a persistent vegetative state. See Virginia Code 54.1-3442.1
- Testator: A male person who leaves a will at death.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Tetrahydrocannabinol: means any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation and any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount of tetrahydrocannabinol. See Virginia Code 54.1-3401
- Third-party logistics provider: means a person that provides or coordinates warehousing of or other logistics services for a drug or device in interstate commerce on behalf of a manufacturer, wholesale distributor, or dispenser of the drug or device but does not take ownership of the product or have responsibility for directing the sale or disposition of the product. See Virginia Code 54.1-3401
- this law: means the Virginia Manufactured Housing Construction and Safety Standards Law as embraced in this chapter. See Virginia Code 36-85.3
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July one, nineteen hundred seventy-one, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 15.2-102
- Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
- TPA-certified optometrist: means an optometrist who is licensed under this chapter and who has successfully completed the requirements for TPA certification established by the Board pursuant to Article 5 (§ Virginia Code 54.1-3200
- Trade secret: means the same as that term is defined in the Uniform Trade Secrets Act (§ Virginia Code 2.2-3701
- Trail: includes edges and transition areas to other terrain, but does not include a tubing park. See Virginia Code 8.01-227.11
- Training center: means a facility operated by the Department that provides training, habilitation, or other individually focused supports to persons with intellectual disability. See Virginia Code 37.2-100
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- transportation: means the movement of waste kitchen grease in a motor vehicle on public roads. See Virginia Code 3.2-5508
- transportation: means any movement of property and any packing, loading, or unloading or storage incidental thereto. See Virginia Code 10.1-1400
- Trap grease: means waste kitchen grease that is removed from a grease trap and is principally derived from food preparation and processing. See Virginia Code 3.2-5508
- Treating physician: means a physician who is providing or has previously provided medical treatment or evaluation to and has or previously had an ongoing treatment relationship with the person. See Virginia Code 54.1-3442.1
- Treatment: means any method, technique, or process, including incineration or neutralization, designed to change the physical, chemical, or biological character or composition of any waste to neutralize it or to render it less hazardous or nonhazardous, safer for transport, amenable to recovery or storage, or reduced in volume. See Virginia Code 10.1-1400
- Treatment: means any method, technique or process, including incineration or neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste to neutralize it or to render it less hazardous or nonhazardous, safer for transport, amenable to recovery or storage or reduced in volume. See Virginia Code 10.1-1433
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- Trustee: A person or institution holding and administering property in trust.
- Tubing: means sliding on inflatable tubes, minibobs, sleds, toboggans, or any other comparable devices down a prepared course or lanes at a winter sports area. See Virginia Code 8.01-227.11
- Tubing park: means an area designated by an operator for tubing. See Virginia Code 8.01-227.11
- Underserved community: means a census tract determined to be an area with low supermarket access either by the U. See Virginia Code 36-156.3
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
- United States: shall be deemed to refer to the United States of America and to include any of its territories, commonwealths, insular possessions, the District of Columbia, and any of its other political subdivisions other than states. See Virginia Code 8.01-385
- United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
- Uphold: The decision of an appellate court not to reverse a lower court decision.
- Usable products: means a product resulting from the processing of waste kitchen grease and shall include biofuels, lubricants, and animal feed, provided that such animal feed uses are allowed by the U. See Virginia Code 3.2-5508
- User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
- USP-NF: means the current edition of the United States Pharmacopeia-National Formulary. See Virginia Code 54.1-3401
- Usury: Charging an illegally high interest rate on a loan. Source: OCC
- Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
- Venue: The geographical location in which a case is tried.
- Verdict: The decision of a petit jury or a judge.
- Virginia Longitudinal Data System: means the multiagency partnership administered by the State Council of Higher Education for Virginia pursuant to subdivision 9 of § Virginia Code 2.2-2036
- Virginia Workforce Data Trust: means a workforce database maintained by the Department in an encrypted state in compliance with § Virginia Code 2.2-2036
- Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
- Voter: means a qualified voter as defined in § Virginia Code 15.2-102
- Warehouser: means any person, other than a wholesale distributor, manufacturer, or third-party logistics provider, engaged in the business of (i) selling or otherwise distributing prescription drugs or devices to any person who is not the ultimate user or consumer and (ii) delivering Schedule VI prescription devices to the ultimate user or consumer pursuant to § Virginia Code 54.1-3401
- Waste: means any solid, hazardous, or radioactive waste as defined in this section. See Virginia Code 10.1-1400
- Waste kitchen grease: means animal fats or vegetable oils that have been used, and will not be reused, for cooking in a food establishment, including trap grease. See Virginia Code 3.2-5508
- Waste management: means the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of waste or resource recovery. See Virginia Code 10.1-1400
- Water Quality Improvement Grants: means grants available from the Fund for projects of local governments, institutions of higher education, and individuals (i) to achieve nutrient reduction goals in regulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan or (ii) to achieve other water quality restoration, protection or enhancement benefits. See Virginia Code 10.1-2117
- Weight: means the net weight when used in connection with this chapter. See Virginia Code 3.2-5600
- Weights and measures: means all weights and measures of every kind, including instruments and devices for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices. See Virginia Code 3.2-5600
- Wholesale distribution: means (i) distribution of prescription drugs to persons other than consumers or patients and (ii) delivery of Schedule VI prescription devices to the ultimate user or consumer pursuant to § Virginia Code 54.1-3401
- Wholesale distributor: means any person other than a manufacturer, a manufacturer's co-licensed partner, a third-party logistics provider, or a repackager that engages in wholesale distribution. See Virginia Code 54.1-3401
- Winter sport: means a recreational or sporting activity, including sliding, jumping, walking, or traveling on a winter sports area trail for alpine skiing; Nordic skiing; telemark skiing; freestyle skiing; snowboarding; freestyle snowboarding; snowshoeing; tobogganing; sledding; or use of a snowmobile, minibob, snowbike, or comparable device; or any similar activity or use of a device that takes place at any time of the year on natural snow, man-made snow, ice, synthetic snow, synthetic ice, or any other synthetic surface, including a competition or the use of any device by a disabled or adaptive participant for a winter sport. See Virginia Code 8.01-227.11
- Winter sports area: means all the real and personal property under control of the operator or on the premises of such property that is being occupied by the operator by fee simple, lease, license, easement, permission, or otherwise, including but not limited to any and all trails, freestyle terrain, competition terrain, passenger tramways, or other areas of real property. See Virginia Code 8.01-227.11
- Winter sports area infrastructure: means :
1. See Virginia Code 8.01-227.11
- winter sports area operator: means any person who has responsibility for the operations of a winter sports area, including its officers, directors, and employees and agents acting within the scope of their employment. See Virginia Code 8.01-227.11
- winter sports area trail: means any slope, trail, run, freestyle terrain, or competition terrain located in a winter sports area. See Virginia Code 8.01-227.11
- Winter sports area vehicle: means a vehicle used on a winter sports area trail in the operation and maintenance of winter sports areas and competitions and includes, but is not limited to, snowmobiles, all-terrain vehicles, and any other similarly sized vehicles as well as larger maintenance vehicles such as snow grooming equipment. See Virginia Code 8.01-227.11
- winter sports participant: means an individual of any age or physical or mental ability who is an amateur or professional invitee of the operator or a trespasser and who participates in a winter sport at the winter sports area, whether or not consideration is paid to participate in the winter sport and whether or not the participant holds a valid admission ticket for all or a portion of the winter sports area, and any employee of the operator who participates in a winter sport either as part of his employment duties or as recreation. See Virginia Code 8.01-227.11
- Workforce development program: means a publicly funded education, training, and support services program designed and administered to prepare and enable participants to enter into and advance in careers. See Virginia Code 2.2-2036
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- wrongfully incarcerated: means incarceration for a felony conviction for which the conviction has been vacated pursuant to Virginia Code 8.01-195.10