§ 54.1-2400. General powers and duties of health regulatory boards.
The general powers and duties of health regulatory boards shall be:
1. To establish the qualifications for registration, certification, licensureor the issuance of a multistate licensure privilege in accordance with theapplicable law which are necessary to ensure competence and integrity toengage in the regulated professions.
2. To examine or cause to be examined applicants for certification orlicensure. Unless otherwise required by law, examinations shall beadministered in writing or shall be a demonstration of manual skills.
3. To register, certify, license or issue a multistate licensure privilege toqualified applicants as practitioners of the particular profession orprofessions regulated by such board.
4. To establish schedules for renewals of registration, certification,licensure, and the issuance of a multistate licensure privilege.
5. To levy and collect fees for application processing, examination,registration, certification or licensure or the issuance of a multistatelicensure privilege and renewal that are sufficient to cover all expenses forthe administration and operation of the Department of Health Professions, theBoard of Health Professions and the health regulatory boards.
6. To promulgate regulations in accordance with the Administrative ProcessAct (§ 2.2-4000 et seq.) which are reasonable and necessary to administereffectively the regulatory system. Such regulations shall not conflict withthe purposes and intent of this chapter or of Chapter 1 (§ 54.1-100 et seq.)and Chapter 25 (§ 54.1-2500 et seq.) of this title.
7. To revoke, suspend, restrict, or refuse to issue or renew a registration,certificate, license or multistate licensure privilege which such board hasauthority to issue for causes enumerated in applicable law and regulations.
8. To appoint designees from their membership or immediate staff tocoordinate with the Director and the Health Practitioners' Monitoring ProgramCommittee and to implement, as is necessary, the provisions of Chapter 25.1(§ 54.1-2515 et seq.) of this title. Each health regulatory board shallappoint one such designee.
9. To take appropriate disciplinary action for violations of applicable lawand regulations, and to accept, in their discretion, the surrender of alicense, certificate, registration or multistate licensure privilege in lieuof disciplinary action.
10. To appoint a special conference committee, composed of not less than twomembers of a health regulatory board or, when required for special conferencecommittees of the Board of Medicine, not less than two members of the Boardand one member of the relevant advisory board, or, when required for specialconference committees of the Board of Nursing, not less than one member ofthe Board and one member of the relevant advisory board, to act in accordancewith § 2.2-4019 upon receipt of information that a practitioner of theappropriate board may be subject to disciplinary action. The specialconference committee may (i) exonerate the practitioner; (ii) reinstate thepractitioner; (iii) place the practitioner on probation with such terms as itmay deem appropriate; (iv) reprimand the practitioner; (v) modify a previousorder; and (vi) impose a monetary penalty pursuant to § 54.1-2401. The orderof the special conference committee shall become final 30 days after serviceof the order unless a written request to the board for a hearing is receivedwithin such time. If service of the decision to a party is accomplished bymail, three days shall be added to the 30-day period. Upon receiving a timelywritten request for a hearing, the board or a panel of the board shall thenproceed with a hearing as provided in § 2.2-4020, and the action of thecommittee shall be vacated. This subdivision shall not be construed to limitthe authority of a board to delegate to an appropriately qualified agencysubordinate, as defined in § 2.2-4001, the authority to conduct informalfact-finding proceedings in accordance with § 2.2-4019, upon receipt ofinformation that a practitioner may be subject to a disciplinary action. Therecommendation of such subordinate may be considered by a panel consisting ofat least five board members, or, if a quorum of the board is less than fivemembers, consisting of a quorum of the members, convened for the purpose ofissuing a case decision. Criteria for the appointment of an agencysubordinate shall be set forth in regulations adopted by the board.
11. To convene, at their discretion, a panel consisting of at least fiveboard members or, if a quorum of the board is less than five members,consisting of a quorum of the members to conduct formal proceedings pursuantto § 2.2-4020, decide the case, and issue a final agency case decision. Anydecision rendered by majority vote of such panel shall have the same effectas if made by the full board and shall be subject to court review inaccordance with the Administrative Process Act. No member who participates inan informal proceeding conducted in accordance with § 2.2-4019 shall serve ona panel conducting formal proceedings pursuant to § 2.2-4020 to consider thesame matter.
12. To issue inactive licenses or certificates and promulgate regulations tocarry out such purpose. Such regulations shall include, but not be limitedto, the qualifications, renewal fees, and conditions for reactivation oflicenses or certificates.
13. To meet by telephone conference call to consider settlement proposals inmatters pending before special conference committees convened pursuant tothis section, or matters referred for formal proceedings pursuant to §2.2-4020 to a health regulatory board or a panel of the board or to considermodifications of previously issued board orders when such considerations havebeen requested by either of the parties.
14. To request and accept from a certified, registered or licensedpractitioner or person holding a multistate licensure privilege to practicenursing, in lieu of disciplinary action, a confidential consent agreement. Aconfidential consent agreement shall be subject to the confidentialityprovisions of § 54.1-2400.2 and shall not be disclosed by a practitioner. Aconfidential consent agreement shall include findings of fact and may includean admission or a finding of a violation. A confidential consent agreementshall not be considered either a notice or order of any health regulatoryboard, but it may be considered by a board in future disciplinaryproceedings. A confidential consent agreement shall be entered into only incases involving minor misconduct where there is little or no injury to apatient or the public and little likelihood of repetition by thepractitioner. A board shall not enter into a confidential consent agreementif there is probable cause to believe the practitioner has (i) demonstratedgross negligence or intentional misconduct in the care of patients or (ii)conducted his practice in such a manner as to be a danger to the health andwelfare of his patients or the public. A certified, registered or licensedpractitioner who has entered into two confidential consent agreementsinvolving a standard of care violation, within the 10-year period immediatelypreceding a board's receipt of the most recent report or complaint beingconsidered, shall receive public discipline for any subsequent violationwithin the 10-year period unless the board finds there are sufficient factsand circumstances to rebut the presumption that the disciplinary action bemade public.
15. When a board has probable cause to believe a practitioner is unable topractice with reasonable skill and safety to patients because of excessiveuse of alcohol or drugs or physical or mental illness, the board, afterpreliminary investigation by an informal fact-finding proceeding, may directthat the practitioner submit to a mental or physical examination. Failure tosubmit to the examination shall constitute grounds for disciplinary action.Any practitioner affected by this subsection shall be afforded reasonableopportunity to demonstrate that he is competent to practice with reasonableskill and safety to patients. For the purposes of this subdivision,"practitioner" shall include any person holding a multistate licensureprivilege to practice nursing.
(1988, c. 765; 1992, cc. 659, 890; 1997, cc. 439, 564; 1998, c. 469; 2002,cc. 455, 698; 2003, cc. 753, 762; 2004, cc. 49, 64; 2009, cc. 472, 534; 2010,c. 414.)
§ 54.1-2400. General powers and duties of health regulatory boards.
The general powers and duties of health regulatory boards shall be:
1. To establish the qualifications for registration, certification, licensureor the issuance of a multistate licensure privilege in accordance with theapplicable law which are necessary to ensure competence and integrity toengage in the regulated professions.
2. To examine or cause to be examined applicants for certification orlicensure. Unless otherwise required by law, examinations shall beadministered in writing or shall be a demonstration of manual skills.
3. To register, certify, license or issue a multistate licensure privilege toqualified applicants as practitioners of the particular profession orprofessions regulated by such board.
4. To establish schedules for renewals of registration, certification,licensure, and the issuance of a multistate licensure privilege.
5. To levy and collect fees for application processing, examination,registration, certification or licensure or the issuance of a multistatelicensure privilege and renewal that are sufficient to cover all expenses forthe administration and operation of the Department of Health Professions, theBoard of Health Professions and the health regulatory boards.
6. To promulgate regulations in accordance with the Administrative ProcessAct (§ 2.2-4000 et seq.) which are reasonable and necessary to administereffectively the regulatory system. Such regulations shall not conflict withthe purposes and intent of this chapter or of Chapter 1 (§ 54.1-100 et seq.)and Chapter 25 (§ 54.1-2500 et seq.) of this title.
7. To revoke, suspend, restrict, or refuse to issue or renew a registration,certificate, license or multistate licensure privilege which such board hasauthority to issue for causes enumerated in applicable law and regulations.
8. To appoint designees from their membership or immediate staff tocoordinate with the Director and the Health Practitioners' Monitoring ProgramCommittee and to implement, as is necessary, the provisions of Chapter 25.1(§ 54.1-2515 et seq.) of this title. Each health regulatory board shallappoint one such designee.
9. To take appropriate disciplinary action for violations of applicable lawand regulations, and to accept, in their discretion, the surrender of alicense, certificate, registration or multistate licensure privilege in lieuof disciplinary action.
10. To appoint a special conference committee, composed of not less than twomembers of a health regulatory board or, when required for special conferencecommittees of the Board of Medicine, not less than two members of the Boardand one member of the relevant advisory board, or, when required for specialconference committees of the Board of Nursing, not less than one member ofthe Board and one member of the relevant advisory board, to act in accordancewith § 2.2-4019 upon receipt of information that a practitioner of theappropriate board may be subject to disciplinary action. The specialconference committee may (i) exonerate the practitioner; (ii) reinstate thepractitioner; (iii) place the practitioner on probation with such terms as itmay deem appropriate; (iv) reprimand the practitioner; (v) modify a previousorder; and (vi) impose a monetary penalty pursuant to § 54.1-2401. The orderof the special conference committee shall become final 30 days after serviceof the order unless a written request to the board for a hearing is receivedwithin such time. If service of the decision to a party is accomplished bymail, three days shall be added to the 30-day period. Upon receiving a timelywritten request for a hearing, the board or a panel of the board shall thenproceed with a hearing as provided in § 2.2-4020, and the action of thecommittee shall be vacated. This subdivision shall not be construed to limitthe authority of a board to delegate to an appropriately qualified agencysubordinate, as defined in § 2.2-4001, the authority to conduct informalfact-finding proceedings in accordance with § 2.2-4019, upon receipt ofinformation that a practitioner may be subject to a disciplinary action. Therecommendation of such subordinate may be considered by a panel consisting ofat least five board members, or, if a quorum of the board is less than fivemembers, consisting of a quorum of the members, convened for the purpose ofissuing a case decision. Criteria for the appointment of an agencysubordinate shall be set forth in regulations adopted by the board.
11. To convene, at their discretion, a panel consisting of at least fiveboard members or, if a quorum of the board is less than five members,consisting of a quorum of the members to conduct formal proceedings pursuantto § 2.2-4020, decide the case, and issue a final agency case decision. Anydecision rendered by majority vote of such panel shall have the same effectas if made by the full board and shall be subject to court review inaccordance with the Administrative Process Act. No member who participates inan informal proceeding conducted in accordance with § 2.2-4019 shall serve ona panel conducting formal proceedings pursuant to § 2.2-4020 to consider thesame matter.
12. To issue inactive licenses or certificates and promulgate regulations tocarry out such purpose. Such regulations shall include, but not be limitedto, the qualifications, renewal fees, and conditions for reactivation oflicenses or certificates.
13. To meet by telephone conference call to consider settlement proposals inmatters pending before special conference committees convened pursuant tothis section, or matters referred for formal proceedings pursuant to §2.2-4020 to a health regulatory board or a panel of the board or to considermodifications of previously issued board orders when such considerations havebeen requested by either of the parties.
14. To request and accept from a certified, registered or licensedpractitioner or person holding a multistate licensure privilege to practicenursing, in lieu of disciplinary action, a confidential consent agreement. Aconfidential consent agreement shall be subject to the confidentialityprovisions of § 54.1-2400.2 and shall not be disclosed by a practitioner. Aconfidential consent agreement shall include findings of fact and may includean admission or a finding of a violation. A confidential consent agreementshall not be considered either a notice or order of any health regulatoryboard, but it may be considered by a board in future disciplinaryproceedings. A confidential consent agreement shall be entered into only incases involving minor misconduct where there is little or no injury to apatient or the public and little likelihood of repetition by thepractitioner. A board shall not enter into a confidential consent agreementif there is probable cause to believe the practitioner has (i) demonstratedgross negligence or intentional misconduct in the care of patients or (ii)conducted his practice in such a manner as to be a danger to the health andwelfare of his patients or the public. A certified, registered or licensedpractitioner who has entered into two confidential consent agreementsinvolving a standard of care violation, within the 10-year period immediatelypreceding a board's receipt of the most recent report or complaint beingconsidered, shall receive public discipline for any subsequent violationwithin the 10-year period unless the board finds there are sufficient factsand circumstances to rebut the presumption that the disciplinary action bemade public.
15. When a board has probable cause to believe a practitioner is unable topractice with reasonable skill and safety to patients because of excessiveuse of alcohol or drugs or physical or mental illness, the board, afterpreliminary investigation by an informal fact-finding proceeding, may directthat the practitioner submit to a mental or physical examination. Failure tosubmit to the examination shall constitute grounds for disciplinary action.Any practitioner affected by this subsection shall be afforded reasonableopportunity to demonstrate that he is competent to practice with reasonableskill and safety to patients. For the purposes of this subdivision,"practitioner" shall include any person holding a multistate licensureprivilege to practice nursing.
(1988, c. 765; 1992, cc. 659, 890; 1997, cc. 439, 564; 1998, c. 469; 2002,cc. 455, 698; 2003, cc. 753, 762; 2004, cc. 49, 64; 2009, cc. 472, 534; 2010,c. 414.)
§ 54.1-2400. General powers and duties of health regulatory boards.
The general powers and duties of health regulatory boards shall be:
1. To establish the qualifications for registration, certification, licensureor the issuance of a multistate licensure privilege in accordance with theapplicable law which are necessary to ensure competence and integrity toengage in the regulated professions.
2. To examine or cause to be examined applicants for certification orlicensure. Unless otherwise required by law, examinations shall beadministered in writing or shall be a demonstration of manual skills.
3. To register, certify, license or issue a multistate licensure privilege toqualified applicants as practitioners of the particular profession orprofessions regulated by such board.
4. To establish schedules for renewals of registration, certification,licensure, and the issuance of a multistate licensure privilege.
5. To levy and collect fees for application processing, examination,registration, certification or licensure or the issuance of a multistatelicensure privilege and renewal that are sufficient to cover all expenses forthe administration and operation of the Department of Health Professions, theBoard of Health Professions and the health regulatory boards.
6. To promulgate regulations in accordance with the Administrative ProcessAct (§ 2.2-4000 et seq.) which are reasonable and necessary to administereffectively the regulatory system. Such regulations shall not conflict withthe purposes and intent of this chapter or of Chapter 1 (§ 54.1-100 et seq.)and Chapter 25 (§ 54.1-2500 et seq.) of this title.
7. To revoke, suspend, restrict, or refuse to issue or renew a registration,certificate, license or multistate licensure privilege which such board hasauthority to issue for causes enumerated in applicable law and regulations.
8. To appoint designees from their membership or immediate staff tocoordinate with the Director and the Health Practitioners' Monitoring ProgramCommittee and to implement, as is necessary, the provisions of Chapter 25.1(§ 54.1-2515 et seq.) of this title. Each health regulatory board shallappoint one such designee.
9. To take appropriate disciplinary action for violations of applicable lawand regulations, and to accept, in their discretion, the surrender of alicense, certificate, registration or multistate licensure privilege in lieuof disciplinary action.
10. To appoint a special conference committee, composed of not less than twomembers of a health regulatory board or, when required for special conferencecommittees of the Board of Medicine, not less than two members of the Boardand one member of the relevant advisory board, or, when required for specialconference committees of the Board of Nursing, not less than one member ofthe Board and one member of the relevant advisory board, to act in accordancewith § 2.2-4019 upon receipt of information that a practitioner of theappropriate board may be subject to disciplinary action. The specialconference committee may (i) exonerate the practitioner; (ii) reinstate thepractitioner; (iii) place the practitioner on probation with such terms as itmay deem appropriate; (iv) reprimand the practitioner; (v) modify a previousorder; and (vi) impose a monetary penalty pursuant to § 54.1-2401. The orderof the special conference committee shall become final 30 days after serviceof the order unless a written request to the board for a hearing is receivedwithin such time. If service of the decision to a party is accomplished bymail, three days shall be added to the 30-day period. Upon receiving a timelywritten request for a hearing, the board or a panel of the board shall thenproceed with a hearing as provided in § 2.2-4020, and the action of thecommittee shall be vacated. This subdivision shall not be construed to limitthe authority of a board to delegate to an appropriately qualified agencysubordinate, as defined in § 2.2-4001, the authority to conduct informalfact-finding proceedings in accordance with § 2.2-4019, upon receipt ofinformation that a practitioner may be subject to a disciplinary action. Therecommendation of such subordinate may be considered by a panel consisting ofat least five board members, or, if a quorum of the board is less than fivemembers, consisting of a quorum of the members, convened for the purpose ofissuing a case decision. Criteria for the appointment of an agencysubordinate shall be set forth in regulations adopted by the board.
11. To convene, at their discretion, a panel consisting of at least fiveboard members or, if a quorum of the board is less than five members,consisting of a quorum of the members to conduct formal proceedings pursuantto § 2.2-4020, decide the case, and issue a final agency case decision. Anydecision rendered by majority vote of such panel shall have the same effectas if made by the full board and shall be subject to court review inaccordance with the Administrative Process Act. No member who participates inan informal proceeding conducted in accordance with § 2.2-4019 shall serve ona panel conducting formal proceedings pursuant to § 2.2-4020 to consider thesame matter.
12. To issue inactive licenses or certificates and promulgate regulations tocarry out such purpose. Such regulations shall include, but not be limitedto, the qualifications, renewal fees, and conditions for reactivation oflicenses or certificates.
13. To meet by telephone conference call to consider settlement proposals inmatters pending before special conference committees convened pursuant tothis section, or matters referred for formal proceedings pursuant to §2.2-4020 to a health regulatory board or a panel of the board or to considermodifications of previously issued board orders when such considerations havebeen requested by either of the parties.
14. To request and accept from a certified, registered or licensedpractitioner or person holding a multistate licensure privilege to practicenursing, in lieu of disciplinary action, a confidential consent agreement. Aconfidential consent agreement shall be subject to the confidentialityprovisions of § 54.1-2400.2 and shall not be disclosed by a practitioner. Aconfidential consent agreement shall include findings of fact and may includean admission or a finding of a violation. A confidential consent agreementshall not be considered either a notice or order of any health regulatoryboard, but it may be considered by a board in future disciplinaryproceedings. A confidential consent agreement shall be entered into only incases involving minor misconduct where there is little or no injury to apatient or the public and little likelihood of repetition by thepractitioner. A board shall not enter into a confidential consent agreementif there is probable cause to believe the practitioner has (i) demonstratedgross negligence or intentional misconduct in the care of patients or (ii)conducted his practice in such a manner as to be a danger to the health andwelfare of his patients or the public. A certified, registered or licensedpractitioner who has entered into two confidential consent agreementsinvolving a standard of care violation, within the 10-year period immediatelypreceding a board's receipt of the most recent report or complaint beingconsidered, shall receive public discipline for any subsequent violationwithin the 10-year period unless the board finds there are sufficient factsand circumstances to rebut the presumption that the disciplinary action bemade public.
15. When a board has probable cause to believe a practitioner is unable topractice with reasonable skill and safety to patients because of excessiveuse of alcohol or drugs or physical or mental illness, the board, afterpreliminary investigation by an informal fact-finding proceeding, may directthat the practitioner submit to a mental or physical examination. Failure tosubmit to the examination shall constitute grounds for disciplinary action.Any practitioner affected by this subsection shall be afforded reasonableopportunity to demonstrate that he is competent to practice with reasonableskill and safety to patients. For the purposes of this subdivision,"practitioner" shall include any person holding a multistate licensureprivilege to practice nursing.
(1988, c. 765; 1992, cc. 659, 890; 1997, cc. 439, 564; 1998, c. 469; 2002,cc. 455, 698; 2003, cc. 753, 762; 2004, cc. 49, 64; 2009, cc. 472, 534; 2010,c. 414.)
