{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2408.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2408.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2408.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2408.2.html"}],"law_id":75296,"edition_id":1,"section_id":75296,"structure_id":14778,"section_number":"54.1-2408.2","catch_line":"Minimum period for reinstatement after revocation","history":"2003, cc. 753, 762; 2013, c. 365; 2014, cc. 11, 96; 2017, c. 423.","full_text":"When the certificate, registration, permit, or license of any person certified, registered, permitted, or licensed by one of the health regulatory boards has been revoked, the board may, after three years and upon the payment of a fee prescribed by the board, consider an application for reinstatement of a certificate, registration, permit, or license in the same manner as the original certificates, registrations, permits, or licenses are granted; however, if a license has been revoked pursuant to subdivision A 19 of \u00a7 54.1-2915, the board shall not consider an application for reinstatement until five years have passed since revocation. A board shall conduct an investigation and review an application for reinstatement after revocation to determine whether there are causes for denial of the application. The burden of proof shall be on the applicant to show by clear and convincing evidence that he is safe and competent to practice. The reinstatement of a certificate, registration, permit, or license shall require the affirmative vote of three-fourths of the members at the hearing. In the discretion of the board, such reinstatement may be granted without further examination.","order_by":null,"text":{"0":{"id":270351,"text":"When the certificate, registration, permit, or license of any person certified, registered, permitted, or licensed by one of the health regulatory boards has been revoked, the board may, after three years and upon the payment of a fee prescribed by the board, consider an application for reinstatement of a certificate, registration, permit, or license in the same manner as the original certificates, registrations, permits, or licenses are granted; however, if a license has been revoked pursuant to subdivision A 19 of \u00a7 54.1-2915, the board shall not consider an application for reinstatement until five years have passed since revocation. A board shall conduct an investigation and review an application for reinstatement after revocation to determine whether there are causes for denial of the application. The burden of proof shall be on the applicant to show by clear and convincing evidence that he is safe and competent to practice. The reinstatement of a certificate, registration, permit, or license shall require the affirmative vote of three-fourths of the members at the hearing. In the discretion of the board, such reinstatement may be granted without further examination.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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; duty to protect third parties; immunity","url":"\/54.1-2400.1\/","token":"54.1\/III\/24\/54.1-2400.1","metadata":false},{"id":63038,"structure_id":14778,"section_number":"54.1-2400.2","catch_line":"Confidentiality of information obtained during an investigation or disciplinary proceeding; penalty","url":"\/54.1-2400.2\/","token":"54.1\/III\/24\/54.1-2400.2","metadata":false},{"id":87116,"structure_id":14778,"section_number":"54.1-2400.3","catch_line":"Disciplinary actions to be reported","url":"\/54.1-2400.3\/","token":"54.1\/III\/24\/54.1-2400.3","metadata":false},{"id":64053,"structure_id":14778,"section_number":"54.1-2400.4","catch_line":"Mental health service providers duty to inform; immunity; civil penalty","url":"\/54.1-2400.4\/","token":"54.1\/III\/24\/54.1-2400.4","metadata":false},{"id":56556,"structure_id":14778,"section_number":"54.1-2400.5","catch_line":"Repealed","url":"\/54.1-2400.5\/","token":"54.1\/III\/24\/54.1-2400.5","metadata":false},{"id":58137,"structure_id":14778,"section_number":"54.1-2400.6","catch_line":"Hospitals, other health care institutions, home health and hospice organizations, and assisted living facilities required to report disciplinary actions against and certain disorders of health professionals; immunity from liability; failure to report","url":"\/54.1-2400.6\/","token":"54.1\/III\/24\/54.1-2400.6","metadata":false},{"id":61914,"structure_id":14778,"section_number":"54.1-2400.7","catch_line":"Practitioners treating other practitioners for certain disorders to make reports; immunity from liability","url":"\/54.1-2400.7\/","token":"54.1\/III\/24\/54.1-2400.7","metadata":false},{"id":72426,"structure_id":14778,"section_number":"54.1-2400.8","catch_line":"Immunity for reporting","url":"\/54.1-2400.8\/","token":"54.1\/III\/24\/54.1-2400.8","metadata":false},{"id":66286,"structure_id":14778,"section_number":"54.1-2400.9","catch_line":"Reporting disabilities of drivers","url":"\/54.1-2400.9\/","token":"54.1\/III\/24\/54.1-2400.9","metadata":false},{"id":81191,"structure_id":14778,"section_number":"54.1-2401","catch_line":"Monetary penalty","url":"\/54.1-2401\/","token":"54.1\/III\/24\/54.1-2401","metadata":false},{"id":58836,"structure_id":14778,"section_number":"54.1-2402","catch_line":"Citizen members on health regulatory boards","url":"\/54.1-2402\/","token":"54.1\/III\/24\/54.1-2402","metadata":false},{"id":59518,"structure_id":14778,"section_number":"54.1-2402.1","catch_line":"Appointments, removals, and limitation of terms of members of regulatory boards","url":"\/54.1-2402.1\/","token":"54.1\/III\/24\/54.1-2402.1","metadata":false},{"id":62497,"structure_id":14778,"section_number":"54.1-2403","catch_line":"Certain advertising prohibited","url":"\/54.1-2403\/","token":"54.1\/III\/24\/54.1-2403","metadata":false},{"id":81381,"structure_id":14778,"section_number":"54.1-2403.01","catch_line":"Routine component of prenatal care","url":"\/54.1-2403.01\/","token":"54.1\/III\/24\/54.1-2403.01","metadata":false},{"id":65605,"structure_id":14778,"section_number":"54.1-2403.02","catch_line":"Prenatal education; 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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2408.2\/","history_text":"<p>This law was first created in 2003. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0753\">753<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0762\">762<\/a> 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. It has been modified 3 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 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0365\">365<\/a>; in 2014, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0011\">11<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0096\">96<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0423\">423<\/a>.<\/p>","references":[{"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\/"}],"refers_to":[{"id":80430,"section_number":"54.1-2915","catch_line":"Unprofessional conduct; grounds for refusal or disciplinary action","order_by":null,"url":"\/54.1-2915\/"}],"permalink":{"id":241241,"object_type":"law","relational_id":75296,"identifier":"54.1-2408.2","token":"54.1\/III\/24\/54.1-2408.2","url":"\/54.1-2408.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2408.2\/","token":"54.1\/III\/24\/54.1-2408.2","dublin_core":{"Title":"Minimum period for reinstatement after revocation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2408.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>When the certificate, registration, permit, or license of any person certified, registered, permitted, or licensed by one of the health regulatory boards has been revoked, the board may, after three years and upon the payment of a fee prescribed by the board, consider an application for reinstatement of a certificate, registration, permit, or license in the same manner as the original certificates, registrations, permits, or licenses are granted; however, if a license has been revoked pursuant to subdivision A 19 of \u00a7&nbsp;<a class=\"law\" title=\"Unprofessional conduct; grounds for refusal or disciplinary action\" href=\"\/54.1-2915\/\">54.1-2915<\/a>, the board shall not consider an application for reinstatement until five years have passed since <span class=\"dictionary\">revocation<\/span>. A board shall conduct an investigation and review an application for reinstatement after <span class=\"dictionary\">revocation<\/span> to determine whether there are causes for denial of the application. The <span class=\"dictionary\">burden of proof<\/span> shall be on the applicant to show by clear and convincing <span class=\"dictionary\">evidence<\/span> that he is safe and competent to practice. The reinstatement of a certificate, registration, permit, or license shall require the affirmative vote of three-fourths of the members at the <span class=\"dictionary\">hearing<\/span>. In the discretion of the board, such reinstatement may be granted without further examination.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nMINIMUM PERIOD FOR REINSTATEMENT AFTER REVOCATION (\u00a7 54.1-2408.2)\n\nWhen the certificate, registration, permit, or license of any person certified,\nregistered, permitted, or licensed by one of the health regulatory boards has\nbeen revoked, the board may, after three years and upon the payment of a fee\nprescribed by the board, consider an application for reinstatement of a\ncertificate, registration, permit, or license in the same manner as the original\ncertificates, registrations, permits, or licenses are granted; however, if a\nlicense has been revoked pursuant to subdivision A 19 of \u00a7 54.1-2915, the board\nshall not consider an application for reinstatement until five years have passed\nsince revocation. A board shall conduct an investigation and review an\napplication for reinstatement after revocation to determine whether there are\ncauses for denial of the application. The burden of proof shall be on the\napplicant to show by clear and convincing evidence that he is safe and competent\nto practice. The reinstatement of a certificate, registration, permit, or\nlicense shall require the affirmative vote of three-fourths of the members at\nthe hearing. In the discretion of the board, such reinstatement may be granted\nwithout further examination.\n\nHISTORY: 2003, cc. 753, 762; 2013, c. 365; 2014, cc. 11, 96; 2017, c. 423.","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}}