{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2400.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2400.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2400.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2400.html"}],"law_id":65440,"edition_id":1,"section_id":65440,"structure_id":14778,"section_number":"54.1-2400","catch_line":"General powers and duties of health regulatory boards","history":"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; 2014, c. 426; 2016, c. 82; 2017, c. 423; 2023, c. 191; 2025, cc. 341, 553, 561.","full_text":"The general powers and duties of health regulatory boards shall be:\n\n1\n\nTo establish the qualifications for registration, certification, licensure, permit, or the issuance of a multistate licensure privilege in accordance with the applicable law that are necessary to ensure competence and integrity to engage in the regulated professions.2\n\nTo examine or cause to be examined applicants for certification, licensure, or registration. Unless otherwise required by law, examinations shall be administered in writing or shall be a demonstration of manual skills.3\n\nTo register, certify, license, or issue a multistate licensure privilege to qualified applicants as practitioners of the particular profession or professions regulated by such board.4\n\nTo establish schedules for renewals of registration, certification, licensure, permit, and the issuance of a multistate licensure privilege.5\n\nTo levy and collect fees for application processing, examination, registration, certification, permitting, or licensure or the issuance of a multistate licensure privilege and renewal that are sufficient to cover all expenses for the administration and operation of the Department of Health Professions and the health regulatory boards.6\n\nTo promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) that are reasonable and necessary to administer effectively the regulatory system, which shall include provisions for the satisfaction of board-required continuing education for individuals registered, certified, licensed, or issued a multistate licensure privilege by a health regulatory board through delivery of health care services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those health services. Such regulations shall not conflict with the purposes and intent of this chapter or of Chapter 1 (§ 54.1-100 et seq.) and Chapter 25 (§ 54.1-2500 et seq.).7\n\nTo revoke, suspend, restrict, or refuse to issue or renew a registration, certificate, license, permit, or multistate licensure privilege that such board has authority to issue for causes enumerated in applicable law and regulations.8\n\nTo appoint designees from their membership or immediate staff to coordinate with the Director and the Health Practitioners’ Monitoring Program Committee and to implement, as is necessary, the provisions of Chapter 25.1 (§ 54.1-2515 et seq.). Each health regulatory board shall appoint one such designee.9\n\nTo take appropriate disciplinary action for violations of applicable law and regulations and to accept, in their discretion, the surrender of a license, certificate, registration, permit, or multistate licensure privilege in lieu of disciplinary action.10\n\nTo appoint a special conference committee, composed of not less than two members of a health regulatory board or, when required for special conference committees of the Board of Medicine, not less than two members of the Board and one member of the relevant advisory board, or, when required for special conference committees of the Board of Nursing, not less than one member of the Board and one member of the relevant advisory board, to act in accordance with § 2.2-4019 upon receipt of information that a practitioner or permit holder of the appropriate board may be subject to disciplinary action or to consider an application for a license, certification, registration, permit, or multistate licensure privilege in nursing. The special conference committee may (i) exonerate; (ii) reinstate; (iii) place the practitioner or permit holder on probation with such terms as it may deem appropriate; (iv) reprimand; (v) modify a previous order; (vi) impose a monetary penalty pursuant to § 54.1-2401, (vii) deny or grant an application for licensure, certification, registration, permit, or multistate licensure privilege; and (viii) issue a restricted license, certification, registration, permit, or multistate licensure privilege subject to terms and conditions. The order of the special conference committee shall become final 30 days after service of the order unless a written request to the board for a hearing is received within such time. If service of the decision to a party is accomplished by mail, three days shall be added to the 30-day period. Upon receiving a timely written request for a hearing, the board or a panel of the board shall then proceed with a hearing as provided in § 2.2-4020, and the action of the committee shall be vacated. This subdivision shall not be construed to limit the authority of a board to delegate to an appropriately qualified agency subordinate, as defined in § 2.2-4001, the authority to conduct informal fact-finding proceedings in accordance with § 2.2-4019. The recommendation of such subordinate may be considered by a panel consisting of at least five board members, or, if a quorum of the board is less than five members, consisting of a quorum of the members, convened for the purpose of issuing a case decision. Criteria for the appointment of an agency subordinate shall be set forth in regulations adopted by the board.11\n\nTo convene, at their discretion, a panel consisting of at least five board members or, if a quorum of the board is less than five members, consisting of a quorum of the members to conduct formal proceedings pursuant to § 2.2-4020, decide the case, and issue a final agency case decision. Any decision rendered by majority vote of such panel shall have the same effect as if made by the full board and shall be subject to court review in accordance with the Administrative Process Act. No member who participates in an informal proceeding conducted in accordance with § 2.2-4019 shall serve on a panel conducting formal proceedings pursuant to § 2.2-4020 to consider the same matter.12\n\nTo issue inactive licenses or certificates and promulgate regulations to carry out such purpose. Such regulations shall include, but not be limited to, the qualifications, renewal fees, and conditions for reactivation of licenses or certificates.13\n\nTo meet by telephone conference call to consider settlement proposals in matters pending before special conference committees convened pursuant to this 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 consider modifications of previously issued board orders when such considerations have been requested by either of the parties.14\n\nTo request and accept a confidential consent agreement, in lieu of disciplinary action, from a certified, registered, or licensed practitioner; a facility holding a license, certification, registration, or permit; or a person holding a multistate licensure privilege to practice nursing. A confidential consent agreement shall be subject to the confidentiality provisions of § 54.1-2400.2 and shall not be disclosed by a practitioner or facility. A confidential consent agreement shall include findings of fact and may include an admission or a finding of a violation. A confidential consent agreement shall not be considered either a notice or order of any health regulatory board, but it may be considered by a board in future disciplinary proceedings. A confidential consent agreement shall be entered into only in cases involving minor misconduct where there is little or no injury to a patient or the public and little likelihood of repetition by the practitioner or facility. A board shall not enter into a confidential consent agreement if there is probable cause to believe the practitioner or facility has (i) demonstrated gross 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 and welfare of his patients or the public. A certified, registered, or licensed practitioner, a facility holding a license, certification, registration, or permit, or a person holding a multistate licensure privilege to practice nursing who has entered into two confidential consent agreements involving a standard of care violation within the 10-year period immediately preceding a board’s receipt of the most recent report or complaint being considered shall receive public discipline for any subsequent violation within the 10-year period unless the board finds there are sufficient facts and circumstances to rebut the presumption that the disciplinary action be made public.15\n\nWhen a board has probable cause to believe a practitioner is unable to practice with reasonable skill and safety to patients because of excessive use of alcohol or drugs or physical or mental illness, the board, after preliminary investigation by an informal fact-finding proceeding, may direct that the practitioner submit to a mental or physical examination. Failure to submit to the examination shall constitute grounds for disciplinary action. Any practitioner affected by this subsection shall be afforded reasonable opportunity to demonstrate that he is competent to practice with reasonable skill and safety to patients. For the purposes of this subdivision, “practitioner” shall include any person holding a multistate licensure privilege to practice nursing.16\n\nTo promulgate regulations establishing a licensure by endorsement pathway for qualified applicants as practitioners of the particular profession or professions regulated by such health regulatory board. Each such health regulatory board’s initial adoption of regulations shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.), except that the enacting health regulatory board shall provide an opportunity for public comment on the regulations prior to adoption of such regulations.","order_by":null,"text":{"0":{"id":237928,"text":"The general powers and duties of health regulatory boards shall be:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":237929,"text":"To establish the qualifications for registration, certification, licensure, permit, or the issuance of a multistate licensure privilege in accordance with the applicable law that are necessary to ensure competence and integrity to engage in the regulated professions.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":237930,"text":"To examine or cause to be examined applicants for certification, licensure, or registration. Unless otherwise required by law, examinations shall be administered in writing or shall be a demonstration of manual skills.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":237931,"text":"To register, certify, license, or issue a multistate licensure privilege to qualified applicants as practitioners of the particular profession or professions regulated by such board.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":237932,"text":"To establish schedules for renewals of registration, certification, licensure, permit, and the issuance of a multistate licensure privilege.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":237933,"text":"To levy and collect fees for application processing, examination, registration, certification, permitting, or licensure or the issuance of a multistate licensure privilege and renewal that are sufficient to cover all expenses for the administration and operation of the Department of Health Professions and the health regulatory boards.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":237934,"text":"To promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) that are reasonable and necessary to administer effectively the regulatory system, which shall include provisions for the satisfaction of board-required continuing education for individuals registered, certified, licensed, or issued a multistate licensure privilege by a health regulatory board through delivery of health care services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those health services. Such regulations shall not conflict with the purposes and intent of this chapter or of Chapter 1 (§ 54.1-100 et seq.) and Chapter 25 (§ 54.1-2500 et seq.).","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":237935,"text":"To revoke, suspend, restrict, or refuse to issue or renew a registration, certificate, license, permit, or multistate licensure privilege that such board has authority to issue for causes enumerated in applicable law and regulations.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":237936,"text":"To appoint designees from their membership or immediate staff to coordinate with the Director and the Health Practitioners’ Monitoring Program Committee and to implement, as is necessary, the provisions of Chapter 25.1 (§ 54.1-2515 et seq.). Each health regulatory board shall appoint one such designee.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":237937,"text":"To take appropriate disciplinary action for violations of applicable law and regulations and to accept, in their discretion, the surrender of a license, certificate, registration, permit, or multistate licensure privilege in lieu of disciplinary action.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":237938,"text":"To appoint a special conference committee, composed of not less than two members of a health regulatory board or, when required for special conference committees of the Board of Medicine, not less than two members of the Board and one member of the relevant advisory board, or, when required for special conference committees of the Board of Nursing, not less than one member of the Board and one member of the relevant advisory board, to act in accordance with § 2.2-4019 upon receipt of information that a practitioner or permit holder of the appropriate board may be subject to disciplinary action or to consider an application for a license, certification, registration, permit, or multistate licensure privilege in nursing. The special conference committee may (i) exonerate; (ii) reinstate; (iii) place the practitioner or permit holder on probation with such terms as it may deem appropriate; (iv) reprimand; (v) modify a previous order; (vi) impose a monetary penalty pursuant to § 54.1-2401, (vii) deny or grant an application for licensure, certification, registration, permit, or multistate licensure privilege; and (viii) issue a restricted license, certification, registration, permit, or multistate licensure privilege subject to terms and conditions. The order of the special conference committee shall become final 30 days after service of the order unless a written request to the board for a hearing is received within such time. If service of the decision to a party is accomplished by mail, three days shall be added to the 30-day period. Upon receiving a timely written request for a hearing, the board or a panel of the board shall then proceed with a hearing as provided in § 2.2-4020, and the action of the committee shall be vacated. This subdivision shall not be construed to limit the authority of a board to delegate to an appropriately qualified agency subordinate, as defined in § 2.2-4001, the authority to conduct informal fact-finding proceedings in accordance with § 2.2-4019. The recommendation of such subordinate may be considered by a panel consisting of at least five board members, or, if a quorum of the board is less than five members, consisting of a quorum of the members, convened for the purpose of issuing a case decision. Criteria for the appointment of an agency subordinate shall be set forth in regulations adopted by the board.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":237939,"text":"To convene, at their discretion, a panel consisting of at least five board members or, if a quorum of the board is less than five members, consisting of a quorum of the members to conduct formal proceedings pursuant to § 2.2-4020, decide the case, and issue a final agency case decision. Any decision rendered by majority vote of such panel shall have the same effect as if made by the full board and shall be subject to court review in accordance with the Administrative Process Act. No member who participates in an informal proceeding conducted in accordance with § 2.2-4019 shall serve on a panel conducting formal proceedings pursuant to § 2.2-4020 to consider the same matter.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":237940,"text":"To issue inactive licenses or certificates and promulgate regulations to carry out such purpose. Such regulations shall include, but not be limited to, the qualifications, renewal fees, and conditions for reactivation of licenses or certificates.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":237941,"text":"To meet by telephone conference call to consider settlement proposals in matters pending before special conference committees convened pursuant to this 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 consider modifications of previously issued board orders when such considerations have been requested by either of the parties.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"14":{"id":237942,"text":"To request and accept a confidential consent agreement, in lieu of disciplinary action, from a certified, registered, or licensed practitioner; a facility holding a license, certification, registration, or permit; or a person holding a multistate licensure privilege to practice nursing. A confidential consent agreement shall be subject to the confidentiality provisions of § 54.1-2400.2 and shall not be disclosed by a practitioner or facility. A confidential consent agreement shall include findings of fact and may include an admission or a finding of a violation. A confidential consent agreement shall not be considered either a notice or order of any health regulatory board, but it may be considered by a board in future disciplinary proceedings. A confidential consent agreement shall be entered into only in cases involving minor misconduct where there is little or no injury to a patient or the public and little likelihood of repetition by the practitioner or facility. A board shall not enter into a confidential consent agreement if there is probable cause to believe the practitioner or facility has (i) demonstrated gross 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 and welfare of his patients or the public. A certified, registered, or licensed practitioner, a facility holding a license, certification, registration, or permit, or a person holding a multistate licensure privilege to practice nursing who has entered into two confidential consent agreements involving a standard of care violation within the 10-year period immediately preceding a board’s receipt of the most recent report or complaint being considered shall receive public discipline for any subsequent violation within the 10-year period unless the board finds there are sufficient facts and circumstances to rebut the presumption that the disciplinary action be made public.","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13","next_prefix":"15"},"15":{"id":237943,"text":"When a board has probable cause to believe a practitioner is unable to practice with reasonable skill and safety to patients because of excessive use of alcohol or drugs or physical or mental illness, the board, after preliminary investigation by an informal fact-finding proceeding, may direct that the practitioner submit to a mental or physical examination. Failure to submit to the examination shall constitute grounds for disciplinary action. Any practitioner affected by this subsection shall be afforded reasonable opportunity to demonstrate that he is competent to practice with reasonable skill and safety to patients. For the purposes of this subdivision, “practitioner” shall include any person holding a multistate licensure privilege to practice nursing.","type":"section","prefixes":["15"],"prefix":"15","entire_prefix":"15","prefix_anchor":"15","level":1,"prior_prefix":"14","next_prefix":"16"},"16":{"id":237944,"text":"To promulgate regulations establishing a licensure by endorsement pathway for qualified applicants as practitioners of the particular profession or professions regulated by such health regulatory board. Each such health regulatory board’s initial adoption of regulations shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.), except that the enacting health regulatory board shall provide an opportunity for public comment on the regulations prior to adoption of such regulations.","type":"section","prefixes":["16"],"prefix":"16","entire_prefix":"16","prefix_anchor":"16","level":1,"prior_prefix":"15"}},"ancestry":[{"id":14778,"edition_id":1,"name":"General Provisions","identifier":"24","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:49:51","date_modified":"2026-06-26 03:49:51","permalink":{"id":241107,"object_type":"structure","relational_id":14778,"identifier":"24","token":"54.1\/III\/24","url":"\/54.1\/III\/24\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65440,"structure_id":14778,"section_number":"54.1-2400","catch_line":"General powers and duties of health regulatory boards","url":"\/54.1-2400\/","token":"54.1\/III\/24\/54.1-2400","metadata":false},{"id":83001,"structure_id":14778,"section_number":"54.1-2400.01","catch_line":"Certain definition","url":"\/54.1-2400.01\/","token":"54.1\/III\/24\/54.1-2400.01","metadata":false},{"id":72970,"structure_id":14778,"section_number":"54.1-2400.01:1","catch_line":"Surgery defined; who may perform surgery","url":"\/54.1-2400.01_1\/","token":"54.1\/III\/24\/54.1-2400.01_1","metadata":false},{"id":57686,"structure_id":14778,"section_number":"54.1-2400.01:2","catch_line":"Ophthalmic prescription defined; who may provide ophthalmic prescriptions","url":"\/54.1-2400.01_2\/","token":"54.1\/III\/24\/54.1-2400.01_2","metadata":false},{"id":63751,"structure_id":14778,"section_number":"54.1-2400.02","catch_line":"Information concerning health professionals; posting of addresses on the Internet; providing personal information under certain circumstances prohibited; collection of address information from health professionals","url":"\/54.1-2400.02\/","token":"54.1\/III\/24\/54.1-2400.02","metadata":false},{"id":64184,"structure_id":14778,"section_number":"54.1-2400.03","catch_line":"Health regulatory boards to report information concerning health professionals to the Department of Health; Eligible Health Care Provider Reserve Directory","url":"\/54.1-2400.03\/","token":"54.1\/III\/24\/54.1-2400.03","metadata":false},{"id":69157,"structure_id":14778,"section_number":"54.1-2400.1","catch_line":"Mental health service providers; 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cord blood banking","url":"\/54.1-2403.02\/","token":"54.1\/III\/24\/54.1-2403.02","metadata":false},{"id":83187,"structure_id":14778,"section_number":"54.1-2403.1","catch_line":"Protocol for certain medical history screening required","url":"\/54.1-2403.1\/","token":"54.1\/III\/24\/54.1-2403.1","metadata":false},{"id":62453,"structure_id":14778,"section_number":"54.1-2403.2","catch_line":"Record storage","url":"\/54.1-2403.2\/","token":"54.1\/III\/24\/54.1-2403.2","metadata":false},{"id":79452,"structure_id":14778,"section_number":"54.1-2403.3","catch_line":"Medical records; ownership; provision of copies","url":"\/54.1-2403.3\/","token":"54.1\/III\/24\/54.1-2403.3","metadata":false},{"id":59177,"structure_id":14778,"section_number":"54.1-2404","catch_line":"Itemized statements required upon request","url":"\/54.1-2404\/","token":"54.1\/III\/24\/54.1-2404","metadata":false},{"id":75820,"structure_id":14778,"section_number":"54.1-2404.1","catch_line":"Patient records","url":"\/54.1-2404.1\/","token":"54.1\/III\/24\/54.1-2404.1","metadata":false},{"id":77933,"structure_id":14778,"section_number":"54.1-2404.2","catch_line":"Health care providers; disclosure of records; actions for which an authorization is not required","url":"\/54.1-2404.2\/","token":"54.1\/III\/24\/54.1-2404.2","metadata":false},{"id":74920,"structure_id":14778,"section_number":"54.1-2405","catch_line":"Transfer of patient records in conjunction with closure, sale, or relocation of practice; notice required","url":"\/54.1-2405\/","token":"54.1\/III\/24\/54.1-2405","metadata":false},{"id":58800,"structure_id":14778,"section_number":"54.1-2406","catch_line":"Treatment records of practitioners","url":"\/54.1-2406\/","token":"54.1\/III\/24\/54.1-2406","metadata":false},{"id":73269,"structure_id":14778,"section_number":"54.1-2407","catch_line":"Requirements for human research","url":"\/54.1-2407\/","token":"54.1\/III\/24\/54.1-2407","metadata":false},{"id":65565,"structure_id":14778,"section_number":"54.1-2408","catch_line":"Disqualification for license, certificate or registration","url":"\/54.1-2408\/","token":"54.1\/III\/24\/54.1-2408","metadata":false},{"id":62891,"structure_id":14778,"section_number":"54.1-2408.01","catch_line":"Prior convictions not to abridge rights","url":"\/54.1-2408.01\/","token":"54.1\/III\/24\/54.1-2408.01","metadata":false},{"id":74983,"structure_id":14778,"section_number":"54.1-2408.1","catch_line":"Summary action against licenses, certificates, registrations, or multistate licensure privilege; allegations to be in writing","url":"\/54.1-2408.1\/","token":"54.1\/III\/24\/54.1-2408.1","metadata":false},{"id":75296,"structure_id":14778,"section_number":"54.1-2408.2","catch_line":"Minimum period for reinstatement after revocation","url":"\/54.1-2408.2\/","token":"54.1\/III\/24\/54.1-2408.2","metadata":false},{"id":64692,"structure_id":14778,"section_number":"54.1-2408.3","catch_line":"Practice pending appeal","url":"\/54.1-2408.3\/","token":"54.1\/III\/24\/54.1-2408.3","metadata":false},{"id":70912,"structure_id":14778,"section_number":"54.1-2408.4","catch_line":"Temporary authorization to practice","url":"\/54.1-2408.4\/","token":"54.1\/III\/24\/54.1-2408.4","metadata":false},{"id":74205,"structure_id":14778,"section_number":"54.1-2409","catch_line":"Mandatory suspension or revocation; reinstatement; hearing for reinstatement","url":"\/54.1-2409\/","token":"54.1\/III\/24\/54.1-2409","metadata":false},{"id":60525,"structure_id":14778,"section_number":"54.1-2409.1","catch_line":"Criminal penalties for practicing certain professions and occupations without appropriate licensure, certificate, etc","url":"\/54.1-2409.1\/","token":"54.1\/III\/24\/54.1-2409.1","metadata":false},{"id":85564,"structure_id":14778,"section_number":"54.1-2409.1:1","catch_line":"Interjurisdictional compacts; criminal history record checks","url":"\/54.1-2409.1_1\/","token":"54.1\/III\/24\/54.1-2409.1_1","metadata":false},{"id":61737,"structure_id":14778,"section_number":"54.1-2409.2","catch_line":"Repealed","url":"\/54.1-2409.2\/","token":"54.1\/III\/24\/54.1-2409.2","metadata":false},{"id":75305,"structure_id":14778,"section_number":"54.1-2409.3","catch_line":"Participation of advisory boards in disciplinary proceedings","url":"\/54.1-2409.3\/","token":"54.1\/III\/24\/54.1-2409.3","metadata":false},{"id":69480,"structure_id":14778,"section_number":"54.1-2409.4","catch_line":"Authority to receive laboratory results directly","url":"\/54.1-2409.4\/","token":"54.1\/III\/24\/54.1-2409.4","metadata":false},{"id":76039,"structure_id":14778,"section_number":"54.1-2409.5","catch_line":"Conversion therapy prohibited","url":"\/54.1-2409.5\/","token":"54.1\/III\/24\/54.1-2409.5","metadata":false},{"id":57334,"structure_id":14778,"section_number":"54.1-2409.6","catch_line":"Recommendation for Continuing education for certain licensees","url":"\/54.1-2409.6\/","token":"54.1\/III\/24\/54.1-2409.6","metadata":false}],"next_section":{"id":83001,"structure_id":14778,"section_number":"54.1-2400.01","catch_line":"Certain definition","url":"\/54.1-2400.01\/","token":"54.1\/III\/24\/54.1-2400.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2400\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 765 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 13 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapters 659 and 890; in 1997, chapters 439<\/a> and 564<\/a>; in 1998, chapter 469<\/a>; in 2002, chapters 455<\/a> and 698<\/a>; in 2003, chapters 753<\/a> and 762<\/a>; in 2004, chapters 49<\/a> and 64<\/a>; in 2009, chapters 472<\/a> and 534<\/a>; in 2010, chapter 414<\/a>; in 2014, chapter 426<\/a>; in 2016, chapter 82<\/a>; in 2017, chapter 423<\/a>; in 2023, chapter 191<\/a>; in 2025, chapters 341<\/a>, 553<\/a>, and 561<\/a>.<\/p>","references":[{"id":57586,"section_number":"2.2-4024","catch_line":"Hearing officers","order_by":null,"url":"\/2.2-4024\/"},{"id":67769,"section_number":"32.1-138.8","catch_line":"Consultation with health regulatory boards","order_by":null,"url":"\/32.1-138.8\/"},{"id":56463,"section_number":"38.2-3407.10:2","catch_line":"Credentialing of private mental health agencies","order_by":null,"url":"\/38.2-3407.10_2\/"},{"id":64708,"section_number":"53.1-133.03","catch_line":"Exchange of medical and mental health information and records","order_by":null,"url":"\/53.1-133.03\/"},{"id":76790,"section_number":"54.1-105","catch_line":"Majority of board or panel required to suspend or revoke license, certificate, registration, permit, or multistate licensure privilege; imposition of sanctions","order_by":null,"url":"\/54.1-105\/"},{"id":56621,"section_number":"54.1-109","catch_line":"Reviews and appeals","order_by":null,"url":"\/54.1-109\/"},{"id":86029,"section_number":"54.1-110","catch_line":"Presiding officer; participation of board in hearing; disqualification of board member","order_by":null,"url":"\/54.1-110\/"},{"id":63038,"section_number":"54.1-2400.2","catch_line":"Confidentiality of information obtained during an investigation or disciplinary proceeding; penalty","order_by":null,"url":"\/54.1-2400.2\/"},{"id":74983,"section_number":"54.1-2408.1","catch_line":"Summary action against licenses, certificates, registrations, or multistate licensure privilege; allegations to be in writing","order_by":null,"url":"\/54.1-2408.1\/"},{"id":75305,"section_number":"54.1-2409.3","catch_line":"Participation of advisory boards in disciplinary proceedings","order_by":null,"url":"\/54.1-2409.3\/"},{"id":57201,"section_number":"54.1-2516","catch_line":"Program established; practitioner participation; disciplinary action stayed under certain conditions","order_by":null,"url":"\/54.1-2516\/"},{"id":65511,"section_number":"54.1-2806","catch_line":"Refusal, suspension, or revocation of license, registration, or courtesy card","order_by":null,"url":"\/54.1-2806\/"},{"id":80842,"section_number":"54.1-2912.1","catch_line":"Continued competency and office-based anesthesia requirements","order_by":null,"url":"\/54.1-2912.1\/"},{"id":80430,"section_number":"54.1-2915","catch_line":"Unprofessional conduct; grounds for refusal or disciplinary action","order_by":null,"url":"\/54.1-2915\/"},{"id":60942,"section_number":"54.1-3011.1","catch_line":"Additional fee required for licensure of certain practitioners","order_by":null,"url":"\/54.1-3011.1\/"},{"id":77902,"section_number":"54.1-3300.1","catch_line":"Participation in collaborative agreements; regulations to be promulgated by the Boards of Medicine and Pharmacy","order_by":null,"url":"\/54.1-3300.1\/"},{"id":87354,"section_number":"54.1-3434.3","catch_line":"Denial, revocation, suspension of registration, summary proceedings","order_by":null,"url":"\/54.1-3434.3\/"},{"id":55659,"section_number":"54.1-3505","catch_line":"Specific powers and duties of the Board","order_by":null,"url":"\/54.1-3505\/"},{"id":57107,"section_number":"54.1-3705","catch_line":"Specific powers and duties of the Board","order_by":null,"url":"\/54.1-3705\/"},{"id":61824,"section_number":"54.1-3804","catch_line":"Specific powers of Board","order_by":null,"url":"\/54.1-3804\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":83688,"section_number":"2.2-4001","catch_line":"Definitions","order_by":null,"url":"\/2.2-4001\/"},{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"},{"id":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"},{"id":66147,"section_number":"54.1-100","catch_line":"Regulations of professions and occupations","order_by":null,"url":"\/54.1-100\/"},{"id":63038,"section_number":"54.1-2400.2","catch_line":"Confidentiality of information obtained during an investigation or disciplinary proceeding; penalty","order_by":null,"url":"\/54.1-2400.2\/"},{"id":81191,"section_number":"54.1-2401","catch_line":"Monetary penalty","order_by":null,"url":"\/54.1-2401\/"},{"id":75147,"section_number":"54.1-2500","catch_line":"Definitions","order_by":null,"url":"\/54.1-2500\/"},{"id":66603,"section_number":"54.1-2515","catch_line":"Definitions","order_by":null,"url":"\/54.1-2515\/"}],"permalink":{"id":241109,"object_type":"law","relational_id":65440,"identifier":"54.1-2400","token":"54.1\/III\/24\/54.1-2400","url":"\/54.1-2400\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2400\/","token":"54.1\/III\/24\/54.1-2400","dublin_core":{"Title":"General powers and duties of health regulatory boards","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2400","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The general powers and duties of health regulatory boards shall be:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To establish the qualifications for registration, certification, licensure, permit, or the issuance of a multistate licensure privilege<\/span> in accordance with the applicable law<\/span> that are necessary to ensure competence and integrity to engage in the regulated professions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To examine or cause to be examined applicants for certification, licensure, or registration. Unless otherwise required by law<\/span>, examinations shall be administered in writing or shall be a demonstration of manual skills. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To register, certify, license, or issue<\/span> a multistate licensure privilege<\/span> to qualified applicants as practitioners<\/span> of the particular profession or professions regulated by such board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To establish schedules<\/span> for renewals of registration, certification, licensure, permit, and the issuance of a multistate licensure privilege<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> To levy<\/span> and collect fees for application processing, examination, registration, certification, permitting, or licensure or the issuance of a multistate licensure privilege<\/span> and renewal that are sufficient to cover all expenses for the administration and operation of the Department of Health Professions and the health regulatory boards. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> To promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.) that are reasonable and necessary to administer effectively the regulatory system, which shall include provisions for the satisfaction of board-required continuing education for individuals registered, certified, licensed, or issued a multistate licensure privilege<\/span> by a health regulatory board through delivery of health care services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those health services. Such regulations shall not conflict with the purposes and intent<\/span> of this chapter or of Chapter 1 (§ 54.1-100<\/a> et seq.) and Chapter 25 (§ 54.1-2500<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> To revoke, suspend, restrict, or refuse to issue<\/span> or renew a registration, certificate, license, permit, or multistate licensure privilege<\/span> that such board has authority to issue<\/span> for causes enumerated in applicable law<\/span> and regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> To appoint designees from their membership or immediate staff to coordinate with the Director and the Health Practitioners<\/span>’ Monitoring Program Committee and to implement, as is necessary, the provisions of Chapter 25.1 (§ 54.1-2515<\/a> et seq.). Each health regulatory board shall appoint one such designee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> To take appropriate disciplinary action for violations of applicable law<\/span> and regulations and to accept, in their discretion, the surrender of a license, certificate, registration, permit, or multistate licensure privilege<\/span> in lieu of disciplinary action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> To appoint a special conference committee, composed of not less than two members of a health regulatory board or, when required for special conference committees of the Board of Medicine, not less than two members of the Board and one member of the relevant advisory board, or, when required for special conference committees of the Board of Nursing, not less than one member of the Board and one member of the relevant advisory board, to act in accordance with § 2.2-4019<\/a> upon receipt of information that a practitioner<\/span> or permit holder of the appropriate board may be subject to disciplinary action or to consider an application for a license, certification, registration, permit, or multistate licensure privilege<\/span> in nursing. The special conference committee may (i) exonerate; (ii) reinstate; (iii) place the practitioner<\/span> or permit holder on probation<\/span> with such terms as it may deem appropriate; (iv) reprimand; (v) modify a previous order<\/span>; (vi) impose a monetary penalty<\/span> pursuant to § 54.1-2401<\/a>, (vii) deny or grant an application for licensure, certification, registration, permit, or multistate licensure privilege<\/span>; and (viii) issue<\/span> a restricted license, certification, registration, permit, or multistate licensure privilege<\/span> subject to terms and conditions. The order<\/span> of the special conference committee shall become final 30 days after service of the order<\/span> unless a written request to the board for a hearing<\/span> is received within such time. If service of the decision to a party<\/span> is accomplished by mail, three days shall be added to the 30-day period. Upon receiving a timely written request for a hearing<\/span>, the board or a panel<\/span> of the board shall then proceed with a hearing<\/span> as provided in § 2.2-4020<\/a>, and the action of the committee shall be vacated. This subdivision shall not be construed to limit the authority of a board to delegate to an appropriately qualified agency subordinate, as defined in § 2.2-4001<\/a>, the authority to conduct informal fact<\/span>-finding<\/span> proceedings in accordance with § 2.2-4019<\/a>. The recommendation of such subordinate may be considered by a panel<\/span> consisting of at least five board members, or, if a quorum of the board is less than five members, consisting of a quorum of the members, convened for the purpose of issuing a case decision. Criteria for the appointment of an agency subordinate shall be set forth in regulations adopted by the board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> To convene, at their discretion, a panel<\/span> consisting of at least five board members or, if a quorum of the board is less than five members, consisting of a quorum of the members to conduct formal proceedings pursuant to § 2.2-4020<\/a>, decide the case, and issue<\/span> a final agency case decision. Any decision rendered by majority vote of such panel<\/span> shall have the same effect as if made by the full board and shall be subject to court<\/span> review in accordance with the Administrative Process Act. No member who participates in an informal proceeding conducted in accordance with § 2.2-4019<\/a> shall serve on a panel<\/span> conducting formal proceedings pursuant to § 2.2-4020<\/a> to consider the same matter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> To issue<\/span> inactive licenses or certificates and promulgate regulations to carry out such purpose. Such regulations shall include, but not be limited to, the qualifications, renewal fees, and conditions for reactivation of licenses or certificates. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> To meet by telephone conference call to consider settlement<\/span> proposals in matters pending before special conference committees convened pursuant to this section, or matters referred for formal proceedings pursuant to § 2.2-4020<\/a> to a health regulatory board or a panel<\/span> of the board or to consider modifications of previously issued board orders<\/span> when such considerations have been requested by either of the parties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> To request and accept a confidential consent agreement, in lieu of disciplinary action, from a certified, registered, or licensed practitioner<\/span>; a facility holding a license, certification, registration, or permit; or a person holding a multistate licensure privilege<\/span> to practice nursing. A confidential consent agreement shall be subject to the confidentiality provisions of § 54.1-2400.2<\/a> and shall not be disclosed by a practitioner<\/span> or facility. A confidential consent agreement shall include findings<\/span> of fact<\/span> and may include an admission or a finding<\/span> of a violation. A confidential consent agreement shall not be considered either a notice or order<\/span> of any health regulatory board, but it may be considered by a board in future disciplinary proceedings. A confidential consent agreement shall be entered into only in cases involving minor<\/span> misconduct where there is little or no injury to a patient or the public and little likelihood of repetition by the practitioner<\/span> or facility. A board shall not enter into a confidential consent agreement if there is probable cause<\/span> to believe the practitioner<\/span> or facility has (i) demonstrated gross negligence<\/span> 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 and welfare of his patients or the public. A certified, registered, or licensed practitioner<\/span>, a facility holding a license, certification, registration, or permit, or a person holding a multistate licensure privilege<\/span> to practice nursing who has entered into two confidential consent agreements involving a standard of care violation within the 10-year period immediately preceding a board’s receipt of the most recent report or complaint being considered shall receive public discipline for any subsequent violation within the 10-year period unless the board finds there are sufficient facts<\/span> and circumstances to rebut the presumption<\/span> that the disciplinary action be made public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> When a board has probable cause<\/span> to believe a practitioner<\/span> is unable to practice with reasonable skill and safety to patients because of excessive use of alcohol or drugs or physical or mental illness, the board, after preliminary investigation by an informal fact<\/span>-finding<\/span> proceeding, may direct that the practitioner<\/span> submit to a mental or physical examination. Failure to submit to the examination shall constitute grounds for disciplinary action. Any practitioner<\/span> affected by this subsection shall be afforded reasonable opportunity to demonstrate that he is competent to practice with reasonable skill and safety to patients. For the purposes of this subdivision, “practitioner<\/span>” shall include any person holding a multistate licensure privilege<\/span> to practice nursing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> To promulgate regulations establishing a licensure by endorsement pathway for qualified applicants as practitioners<\/span> of the particular profession or professions regulated by such health regulatory board. Each such health regulatory board’s initial adoption of regulations shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.), except that the enacting health regulatory board shall provide an opportunity for public comment on the regulations prior to adoption of such regulations. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGENERAL POWERS AND DUTIES OF HEALTH REGULATORY BOARDS (\u00a7 54.1-2400)\n\nThe general powers and duties of health regulatory boards shall be:\n\n1. To establish the qualifications for registration, certification, licensure,\npermit, or the issuance of a multistate licensure privilege in accordance with\nthe applicable law that are necessary to ensure competence and integrity to\nengage in the regulated professions.\n\n2. To examine or cause to be examined applicants for certification, licensure,\nor registration. Unless otherwise required by law, examinations shall be\nadministered in writing or shall be a demonstration of manual skills.\n\n3. To register, certify, license, or issue a multistate licensure privilege to\nqualified applicants as practitioners of the particular profession or\nprofessions regulated by such board.\n\n4. To establish schedules for renewals of registration, certification,\nlicensure, permit, and the issuance of a multistate licensure privilege.\n\n5. To levy and collect fees for application processing, examination,\nregistration, certification, permitting, or licensure or the issuance of a\nmultistate licensure privilege and renewal that are sufficient to cover all\nexpenses for the administration and operation of the Department of Health\nProfessions and the health regulatory boards.\n\n6. To promulgate regulations in accordance with the Administrative Process Act\n(§ 2.2-4000 et seq.) that are reasonable and necessary to administer\neffectively the regulatory system, which shall include provisions for the\nsatisfaction of board-required continuing education for individuals registered,\ncertified, licensed, or issued a multistate licensure privilege by a health\nregulatory board through delivery of health care services, without compensation,\nto low-income individuals receiving health services through a local health\ndepartment or a free clinic organized in whole or primarily for the delivery of\nthose health services. Such regulations shall not conflict with the purposes and\nintent of this chapter or of Chapter 1 (§ 54.1-100 et seq.) and Chapter 25\n(§ 54.1-2500 et seq.).\n\n7. To revoke, suspend, restrict, or refuse to issue or renew a registration,\ncertificate, license, permit, or multistate licensure privilege that such board\nhas authority to issue for causes enumerated in applicable law and regulations.\n\n8. To appoint designees from their membership or immediate staff to coordinate\nwith the Director and the Health Practitioners’ Monitoring Program\nCommittee and to implement, as is necessary, the provisions of Chapter 25.1\n(§ 54.1-2515 et seq.). Each health regulatory board shall appoint one such\ndesignee.\n\n9. To take appropriate disciplinary action for violations of applicable law and\nregulations and to accept, in their discretion, the surrender of a license,\ncertificate, registration, permit, or multistate licensure privilege in lieu of\ndisciplinary action.\n\n10. To appoint a special conference committee, composed of not less than two\nmembers of a health regulatory board or, when required for special conference\ncommittees of the Board of Medicine, not less than two members of the Board and\none member of the relevant advisory board, or, when required for special\nconference committees of the Board of Nursing, not less than one member of the\nBoard and one member of the relevant advisory board, to act in accordance with\n§ 2.2-4019 upon receipt of information that a practitioner or permit holder\nof the appropriate board may be subject to disciplinary action or to consider an\napplication for a license, certification, registration, permit, or multistate\nlicensure privilege in nursing. The special conference committee may (i)\nexonerate; (ii) reinstate; (iii) place the practitioner or permit holder on\nprobation with such terms as it may deem appropriate; (iv) reprimand; (v) modify\na previous order; (vi) impose a monetary penalty pursuant to § 54.1-2401,\n(vii) deny or grant an application for licensure, certification, registration,\npermit, or multistate licensure privilege; and (viii) issue a restricted\nlicense, certification, registration, permit, or multistate licensure privilege\nsubject to terms and conditions. The order of the special conference committee\nshall become final 30 days after service of the order unless a written request\nto the board for a hearing is received within such time. If service of the\ndecision to a party is accomplished by mail, three days shall be added to the\n30-day period. Upon receiving a timely written request for a hearing, the board\nor a panel of the board shall then proceed with a hearing as provided in §\n2.2-4020, and the action of the committee shall be vacated. This subdivision\nshall not be construed to limit the authority of a board to delegate to an\nappropriately qualified agency subordinate, as defined in § 2.2-4001, the\nauthority to conduct informal fact-finding proceedings in accordance with §\n2.2-4019. The recommendation of such subordinate may be considered by a panel\nconsisting of at least five board members, or, if a quorum of the board is less\nthan five members, consisting of a quorum of the members, convened for the\npurpose of issuing a case decision. Criteria for the appointment of an agency\nsubordinate shall be set forth in regulations adopted by the board.\n\n11. To convene, at their discretion, a panel consisting of at least five board\nmembers or, if a quorum of the board is less than five members, consisting of a\nquorum of the members to conduct formal proceedings pursuant to § 2.2-4020,\ndecide the case, and issue a final agency case decision. Any decision rendered\nby majority vote of such panel shall have the same effect as if made by the full\nboard and shall be subject to court review in accordance with the Administrative\nProcess Act. No member who participates in an informal proceeding conducted in\naccordance with § 2.2-4019 shall serve on a panel conducting formal\nproceedings pursuant to § 2.2-4020 to consider the same matter.\n\n12. To issue inactive licenses or certificates and promulgate regulations to\ncarry out such purpose. Such regulations shall include, but not be limited to,\nthe qualifications, renewal fees, and conditions for reactivation of licenses or\ncertificates.\n\n13. To meet by telephone conference call to consider settlement proposals in\nmatters pending before special conference committees convened pursuant to this\nsection, or matters referred for formal proceedings pursuant to § 2.2-4020\nto a health regulatory board or a panel of the board or to consider\nmodifications of previously issued board orders when such considerations have\nbeen requested by either of the parties.\n\n14. To request and accept a confidential consent agreement, in lieu of\ndisciplinary action, from a certified, registered, or licensed practitioner; a\nfacility holding a license, certification, registration, or permit; or a person\nholding a multistate licensure privilege to practice nursing. A confidential\nconsent agreement shall be subject to the confidentiality provisions of §\n54.1-2400.2 and shall not be disclosed by a practitioner or facility. A\nconfidential consent agreement shall include findings of fact and may include an\nadmission or a finding of a violation. A confidential consent agreement shall\nnot be considered either a notice or order of any health regulatory board, but\nit may be considered by a board in future disciplinary proceedings. A\nconfidential consent agreement shall be entered into only in cases involving\nminor misconduct where there is little or no injury to a patient or the public\nand little likelihood of repetition by the practitioner or facility. A board\nshall not enter into a confidential consent agreement if there is probable cause\nto believe the practitioner or facility has (i) demonstrated gross negligence or\nintentional misconduct in the care of patients or (ii) conducted his practice in\nsuch a manner as to be a danger to the health and welfare of his patients or the\npublic. A certified, registered, or licensed practitioner, a facility holding a\nlicense, certification, registration, or permit, or a person holding a\nmultistate licensure privilege to practice nursing who has entered into two\nconfidential consent agreements involving a standard of care violation within\nthe 10-year period immediately preceding a board’s receipt of the most\nrecent report or complaint being considered shall receive public discipline for\nany subsequent violation within the 10-year period unless the board finds there\nare sufficient facts and circumstances to rebut the presumption that the\ndisciplinary action be made public.\n\n15. When a board has probable cause to believe a practitioner is unable to\npractice with reasonable skill and safety to patients because of excessive use\nof alcohol or drugs or physical or mental illness, the board, after preliminary\ninvestigation by an informal fact-finding proceeding, may direct that the\npractitioner submit to a mental or physical examination. Failure to submit to\nthe examination shall constitute grounds for disciplinary action. Any\npractitioner affected by this subsection shall be afforded reasonable\nopportunity to demonstrate that he is competent to practice with reasonable\nskill and safety to patients. For the purposes of this subdivision,\n“practitioner” shall include any person holding a multistate\nlicensure privilege to practice nursing.\n\n16. To promulgate regulations establishing a licensure by endorsement pathway\nfor qualified applicants as practitioners of the particular profession or\nprofessions regulated by such health regulatory board. Each such health\nregulatory board’s initial adoption of regulations shall be exempt from\nthe provisions of the Administrative Process Act (§ 2.2-4000 et seq.),\nexcept that the enacting health regulatory board shall provide an opportunity\nfor public comment on the regulations prior to adoption of such regulations.\n\nHISTORY: 1988, c. 765; 1992, cc. 659, 890; 1997, cc. 439, 564; 1998, c. 469;\n2002, cc. 455, 698; 2003, cc. 753, 762; 2004, cc. 49, 64; 2009, cc. 472, 534;\n2010, c. 414; 2014, c. 426; 2016, c. 82; 2017, c. 423; 2023, c. 191; 2025, cc.\n341, 553, 561.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}