{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2516.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2516.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2516.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2516.html"}],"law_id":57201,"edition_id":1,"section_id":57201,"structure_id":14994,"section_number":"54.1-2516","catch_line":"Program established; practitioner participation; disciplinary action stayed under certain conditions","history":"1997, c. 439; 2009, c. 472.","full_text":"A\n\nThe Director of the Department of Health Professions shall maintain a health practitioners’ monitoring program that provides an alternative to disciplinary action for impaired health practitioners. The Director shall promulgate such regulations as are necessary for the implementation of this program after consulting with the various health regulatory boards.\n\t\t\tThe Director may, in consultation and coordination with the Health Practitioners’ Monitoring Program Committee, enter into contracts as may be necessary for the implementation of monitoring services. Such services may include education, assessment, referral for intervention and treatment, and monitoring of impaired practitioners. If the Director enters into an agreement with another agency of the Commonwealth pursuant to this section, that agency shall be immune from liability resulting from the good faith exercise of its obligations under the agreement.\n\t\t\tWhen evaluating such contracts, the Director shall consider the utilization of programs, as appropriate, that have been established by professional organizations for peer assistance of impaired practitioners.\n\t\t\tThe Program’s operating costs, including any contractual obligations for services, shall be funded by special dedicated revenues consistent with the provisions of §§ 54.1-113, 54.1-2400, and 54.1-2505. However, this section shall not prohibit the Committee from charging participants a reasonable portion of a fee related to the costs of participation in the Program. No participant shall be denied entry into the Program due to the inability to pay a portion of the costs related to participation.\n\t\t\tAny monitoring program for individuals licensed or certified by the Board of Medicine, and any contract for the implementation of monitoring services with respect to any such individuals, shall be subject to the prior approval of that Board.B\n\nAny health practitioner who has an impairment as defined in this chapter, may, on a voluntary basis, participate in the Program regardless of whether the impairment constitutes grounds for disciplinary action.C\n\nDisciplinary action shall be stayed upon entry of the practitioner in the Program under the following conditions:1\n\nNo report of a possible violation of law or regulation has been made against the practitioner other than impairment or the diversion of controlled substances for personal use and such use does not constitute a danger to patients or clients.2\n\nThe practitioner has entered the Program by written contract with the Committee.3\n\nDisciplinary action against the practitioner has not previously been stayed in accordance with this section.4\n\nThe practitioner remains in compliance with the terms of his contract with the Committee.5\n\nThe Committee has consulted with the designated representative of the relevant health regulatory board.","order_by":null,"text":{"0":{"id":209527,"text":"The Director of the Department of Health Professions shall maintain a health practitioners’ monitoring program that provides an alternative to disciplinary action for impaired health practitioners. The Director shall promulgate such regulations as are necessary for the implementation of this program after consulting with the various health regulatory boards.\n\t\t\tThe Director may, in consultation and coordination with the Health Practitioners’ Monitoring Program Committee, enter into contracts as may be necessary for the implementation of monitoring services. Such services may include education, assessment, referral for intervention and treatment, and monitoring of impaired practitioners. If the Director enters into an agreement with another agency of the Commonwealth pursuant to this section, that agency shall be immune from liability resulting from the good faith exercise of its obligations under the agreement.\n\t\t\tWhen evaluating such contracts, the Director shall consider the utilization of programs, as appropriate, that have been established by professional organizations for peer assistance of impaired practitioners.\n\t\t\tThe Program’s operating costs, including any contractual obligations for services, shall be funded by special dedicated revenues consistent with the provisions of §§ 54.1-113, 54.1-2400, and 54.1-2505. However, this section shall not prohibit the Committee from charging participants a reasonable portion of a fee related to the costs of participation in the Program. No participant shall be denied entry into the Program due to the inability to pay a portion of the costs related to participation.\n\t\t\tAny monitoring program for individuals licensed or certified by the Board of Medicine, and any contract for the implementation of monitoring services with respect to any such individuals, shall be subject to the prior approval of that Board.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":209528,"text":"Any health practitioner who has an impairment as defined in this chapter, may, on a voluntary basis, participate in the Program regardless of whether the impairment constitutes grounds for disciplinary action.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":209529,"text":"Disciplinary action shall be stayed upon entry of the practitioner in the Program under the following conditions:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":209530,"text":"No report of a possible violation of law or regulation has been made against the practitioner other than impairment or the diversion of controlled substances for personal use and such use does not constitute a danger to patients or clients.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":209531,"text":"The practitioner has entered the Program by written contract with the Committee.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":209532,"text":"Disciplinary action against the practitioner has not previously been stayed in accordance with this section.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":209533,"text":"The practitioner remains in compliance with the terms of his contract with the Committee.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":209534,"text":"The Committee has consulted with the designated representative of the relevant health regulatory board.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4"}},"ancestry":[{"id":14994,"edition_id":1,"name":"Health Practitioners' Monitoring Program","identifier":"25.1","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:51:22","date_modified":"2026-06-26 03:51:22","permalink":{"id":241353,"object_type":"structure","relational_id":14994,"identifier":"25.1","token":"54.1\/III\/25.1","url":"\/54.1\/III\/25.1\/","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":66603,"structure_id":14994,"section_number":"54.1-2515","catch_line":"Definitions","url":"\/54.1-2515\/","token":"54.1\/III\/25.1\/54.1-2515","metadata":false},{"id":57201,"structure_id":14994,"section_number":"54.1-2516","catch_line":"Program established; practitioner participation; disciplinary action stayed under certain conditions","url":"\/54.1-2516\/","token":"54.1\/III\/25.1\/54.1-2516","metadata":false},{"id":64901,"structure_id":14994,"section_number":"54.1-2517","catch_line":"Health Practitioners' Monitoring Program Committee; certain meetings, decisions to be excepted from the Freedom of Information Act; confidentiality of records; immunity from liability","url":"\/54.1-2517\/","token":"54.1\/III\/25.1\/54.1-2517","metadata":false},{"id":59082,"structure_id":14994,"section_number":"54.1-2518","catch_line":"Investigation by Department or other authorized official; prosecution for violations of law","url":"\/54.1-2518\/","token":"54.1\/III\/25.1\/54.1-2518","metadata":false}],"previous_section":{"id":66603,"structure_id":14994,"section_number":"54.1-2515","catch_line":"Definitions","url":"\/54.1-2515\/","token":"54.1\/III\/25.1\/54.1-2515","metadata":false},"next_section":{"id":64901,"structure_id":14994,"section_number":"54.1-2517","catch_line":"Health Practitioners' Monitoring Program Committee; certain meetings, decisions to be excepted from the Freedom of Information Act; confidentiality of records; immunity from liability","url":"\/54.1-2517\/","token":"54.1\/III\/25.1\/54.1-2517","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2516\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 439<\/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 1 time. 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. That modification is as follows: in 2009, chapter 472<\/a>.<\/p>","references":[{"id":66603,"section_number":"54.1-2515","catch_line":"Definitions","order_by":null,"url":"\/54.1-2515\/"}],"refers_to":[{"id":72059,"section_number":"54.1-113","catch_line":"Regulatory boards to adjust fees; certain transfer of moneys collected on behalf of health regulatory boards prohibited","order_by":null,"url":"\/54.1-113\/"},{"id":65440,"section_number":"54.1-2400","catch_line":"General powers and duties of health regulatory boards","order_by":null,"url":"\/54.1-2400\/"},{"id":62957,"section_number":"54.1-2505","catch_line":"Powers and duties of Director of Department","order_by":null,"url":"\/54.1-2505\/"}],"permalink":{"id":241359,"object_type":"law","relational_id":57201,"identifier":"54.1-2516","token":"54.1\/III\/25.1\/54.1-2516","url":"\/54.1-2516\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2516\/","token":"54.1\/III\/25.1\/54.1-2516","dublin_core":{"Title":"Program established; practitioner participation; disciplinary action stayed under certain conditions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2516","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Director of the Department of Health Professions shall maintain a health practitioners<\/span>’ monitoring program<\/span> that provides an alternative to disciplinary action<\/span> for impaired health practitioners<\/span>. The Director shall promulgate such regulations as are necessary for the implementation of this program<\/span> after consulting with the various health regulatory boards.\n\t\t\tThe Director may, in consultation and coordination with the Health Practitioners<\/span>’ Monitoring Program<\/span> Committee<\/span>, enter into contracts<\/span> as may be necessary for the implementation of monitoring services. Such services may include education, assessment, referral for intervention and treatment, and monitoring of impaired practitioners<\/span>. If the Director enters into an agreement with another agency of the Commonwealth pursuant to this section, that agency shall be immune from liability resulting from the good faith exercise of its obligations under the agreement.\n\t\t\tWhen evaluating such contracts<\/span>, the Director shall consider the utilization of programs<\/span>, as appropriate, that have been established by professional organizations for peer assistance of impaired practitioners<\/span>.\n\t\t\tThe Program<\/span>’s operating costs, including any contractual obligations for services, shall be funded by special dedicated revenues consistent with the provisions of §§ 54.1-113<\/a>, 54.1-2400<\/a>, and 54.1-2505<\/a>. However, this section shall not prohibit the Committee<\/span> from charging participants a reasonable portion of a fee related to the costs of participation in the Program<\/span>. No participant shall be denied entry into the Program<\/span> due to the inability to pay a portion of the costs related to participation.\n\t\t\tAny monitoring program<\/span> for individuals licensed or certified by the Board of Medicine, and any contract<\/span> for the implementation of monitoring services with respect to any such individuals, shall be subject to the prior approval of that Board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any health practitioner<\/span> who has an impairment<\/span> as defined in this chapter, may, on a voluntary basis, participate in the Program<\/span> regardless of whether the impairment<\/span> constitutes grounds for disciplinary action<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Disciplinary action<\/span> shall be stayed upon entry of the practitioner<\/span> in the Program<\/span> under the following conditions: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> No report of a possible violation of law<\/span> or regulation has been made against the practitioner<\/span> other than impairment<\/span> or the diversion<\/span> of controlled substances for personal use and such use does not constitute a danger to patients or clients. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The practitioner<\/span> has entered the Program<\/span> by written contract<\/span> with the Committee<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Disciplinary action<\/span> against the practitioner<\/span> has not previously been stayed in accordance with this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The practitioner<\/span> remains in compliance with the terms of his contract<\/span> with the Committee<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The Committee<\/span> has consulted with the designated representative of the relevant health regulatory board. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROGRAM ESTABLISHED; PRACTITIONER PARTICIPATION; DISCIPLINARY ACTION STAYED\nUNDER CERTAIN CONDITIONS (\u00a7 54.1-2516)\n\nA. The Director of the Department of Health Professions shall maintain a health\npractitioners’ monitoring program that provides an alternative to\ndisciplinary action for impaired health practitioners. The Director shall\npromulgate such regulations as are necessary for the implementation of this\nprogram after consulting with the various health regulatory boards.\n\t\t\tThe Director may, in consultation and coordination with the Health\nPractitioners’ Monitoring Program Committee, enter into contracts as may\nbe necessary for the implementation of monitoring services. Such services may\ninclude education, assessment, referral for intervention and treatment, and\nmonitoring of impaired practitioners. If the Director enters into an agreement\nwith another agency of the Commonwealth pursuant to this section, that agency\nshall be immune from liability resulting from the good faith exercise of its\nobligations under the agreement.\n\t\t\tWhen evaluating such contracts, the Director shall consider the utilization\nof programs, as appropriate, that have been established by professional\norganizations for peer assistance of impaired practitioners.\n\t\t\tThe Program’s operating costs, including any contractual obligations\nfor services, shall be funded by special dedicated revenues consistent with the\nprovisions of §§ 54.1-113, 54.1-2400, and 54.1-2505. However, this\nsection shall not prohibit the Committee from charging participants a reasonable\nportion of a fee related to the costs of participation in the Program. No\nparticipant shall be denied entry into the Program due to the inability to pay a\nportion of the costs related to participation.\n\t\t\tAny monitoring program for individuals licensed or certified by the Board of\nMedicine, and any contract for the implementation of monitoring services with\nrespect to any such individuals, shall be subject to the prior approval of that\nBoard.\n\nB. Any health practitioner who has an impairment as defined in this chapter,\nmay, on a voluntary basis, participate in the Program regardless of whether the\nimpairment constitutes grounds for disciplinary action.\n\nC. Disciplinary action shall be stayed upon entry of the practitioner in the\nProgram under the following conditions:\n\n 1. No report of a possible violation of law or regulation has been made\n against the practitioner other than impairment or the diversion of controlled\n substances for personal use and such use does not constitute a danger to\n patients or clients.\n\n 2. The practitioner has entered the Program by written contract with the\n Committee.\n\n 3. Disciplinary action against the practitioner has not previously been stayed\n in accordance with this section.\n\n 4. The practitioner remains in compliance with the terms of his contract with\n the Committee.\n\n 5. The Committee has consulted with the designated representative of the\n relevant health regulatory board.\n\nHISTORY: 1997, c. 439; 2009, c. 472.","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}}