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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>87354</law_id><section_number>54.1-3434.3</section_number><catch_line>Denial, revocation, suspension of registration, summary proceedings</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="54.1">Professions and Occupations</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Professions and Occupations Regulated by Boards Within the Department of Health Professions</unit><unit label="chapter" level="3" order_by="1" identifier="34">Drug Control Act</unit><unit label="article" level="4" order_by="1" identifier="2.1">Registration of Nonresident Pharmacies</unit></structure><text>
						<section><p>The <span class="dictionary">Board</span> may deny, revoke, suspend, or take other disciplinary actions against a nonresident pharmacy registration as provided for in &#xA7;&#xA0;<a class="law" title="Refusal; revocation; suspension and denial" href="/54.1-3316/">54.1-3316</a>.
		The <span class="dictionary">Board</span> shall immediately suspend, without a <span class="dictionary">hearing</span>, the registration of any nonresident pharmacy upon receipt of documentation by the licensing agency in the <span class="dictionary">jurisdiction</span> where a nonresident pharmacy registered with the <span class="dictionary">Board</span> is located, that the nonresident pharmacy has had its license, certificate, permit, or registration as a pharmacy revoked or suspended by that agency and has not been reinstated, or if the <span class="dictionary">Board</span> has received notification from the licensing agency that the pharmacy in the resident state no longer holds a valid unexpired license, permit, certificate, or registration as a pharmacy. The <span class="dictionary">Board</span> shall provide written notice of the suspension to the nonresident pharmacy at the address of record on file with the <span class="dictionary">Board</span> and to the resident-state licensing agency. The nonresident pharmacy may apply for reinstatement of the registration only after it has been reinstated by and holds a current and unrestricted license, certificate, permit, or registration as a pharmacy from the licensing agency in the <span class="dictionary">jurisdiction</span> where it is located. Such nonresident pharmacy shall be entitled to a <span class="dictionary">hearing</span> not later than the next regular meeting of the <span class="dictionary">Board</span> after the expiration of 60 days from the receipt of such application, and shall have the right to be represented by <span class="dictionary">counsel</span> and to summon witnesses to testify on its behalf.
		The <span class="dictionary">Board</span> may summarily suspend the registration of any nonresident pharmacy without a <span class="dictionary">hearing</span>, simultaneously with the institution of proceedings for a <span class="dictionary">hearing</span>, if it finds that there is a substantial danger to the public health or safety that warrants such action. The <span class="dictionary">Board</span> may meet by telephone conference call when summarily suspending the registration if a good faith effort to assemble a quorum of the <span class="dictionary">Board</span> has failed and, in the <span class="dictionary">judgment</span> of a majority of the members of the <span class="dictionary">Board</span>, the continued <span class="dictionary">dispensing</span> by the nonresident pharmacy constitutes a substantial danger to the public health or safety. Institution of proceedings for a <span class="dictionary">hearing</span> shall be provided simultaneously with the summary suspension. The <span class="dictionary">hearing</span> shall be scheduled within a reasonable time of the date of the summary suspension. The <span class="dictionary">Board</span> may consider other information concerning possible violations of Virginia <span class="dictionary">law</span> at a <span class="dictionary">hearing</span>, if reasonable notice is given to such nonresident pharmacy of the information.
		A nonresident pharmacy with a suspended registration shall not ship, mail, or <span class="dictionary">deliver</span> any Schedule II through VI <span class="dictionary">drugs</span> into the Commonwealth unless reinstated by the <span class="dictionary">Board</span>.
		The <span class="dictionary">Board</span> may refer complaints concerning nonresident pharmacies to the regulatory or licensing agency in the <span class="dictionary">jurisdiction</span> where the pharmacy is located. The <span class="dictionary">Board</span> may take other disciplinary action against a nonresident pharmacy in accordance with &#xA7;&#xA7;&#xA0;<a class="law" title="General powers and duties of health regulatory boards" href="/54.1-2400/">54.1-2400</a> and <a class="law" title="Refusal; revocation; suspension and denial" href="/54.1-3316/">54.1-3316</a> following notice and the opportunity for a <span class="dictionary">hearing</span>.</p></section></text><history>1990, c. 270; 2005, c. 115; 2007, c. 662; 2019, c. 138.</history><metadata></metadata></law>
