                                 CODE OF VIRGINIA

MANDATORY SUSPENSION OR REVOCATION; REINSTATEMENT; HEARING FOR REINSTATEMENT (§
54.1-2409)

A. Upon receipt of documentation by any court or government agency that a person
licensed, certified, or registered by a board within the Department of Health
Professions has (i) had his license, certificate, or registration to practice
the same profession or occupation revoked or suspended for reasons other than
nonrenewal or accepted for surrender in lieu of disciplinary action in another
jurisdiction and has not had his license, certificate, or registration to so
practice reinstated within that jurisdiction, unless such revocation,
suspension, or surrender was based solely on the disciplinary action of a board
within the Department or mandatory suspension by the Director of the Department
or (ii) been convicted of a felony or has been adjudged incapacitated, the
Director shall immediately suspend, without a hearing, the license, certificate,
or registration of any person so disciplined, convicted, or adjudged. The
Director shall notify such person or his legal guardian, conservator, trustee,
committee, or other representative of the suspension in writing to his address
on record with the Department. Such notice shall include a copy of the
documentation from such court or agency, certified by the Director as the
documentation received from such court or agency. Such person shall not have the
right to practice within the Commonwealth until his license, certificate, or
registration has been reinstated by the relevant board within the Department of
Health Professions.

B. The clerk of any court in which a conviction of a felony or an adjudication
of incapacity is made, who has knowledge that a person licensed, certified, or
registered by a board within the Department has been convicted or found
incapacitated, shall have a duty to report these findings promptly to the
Director.

C. When a conviction has not become final, the Director may decline to suspend
the license, certificate, or registration until the conviction becomes final if
there is a likelihood of injury or damage to the public if the person&#8217;s
services are not available.

D. Any person whose license, certificate, or registration has been suspended as
provided in this section may apply to the board for reinstatement of his
license, certificate, or registration. Such person shall be entitled to a
hearing not later than the next regular meeting of the board after the
expiration of 60 days from the receipt of such application, and shall have the
right to be represented by counsel and to summon witnesses to testify in his
behalf. The board may consider other information concerning possible violations
of Virginia law at such hearing, if reasonable notice is given to such person of
the information.
			The reinstatement of the applicant&#8217;s license, certificate, or
registration shall require the affirmative vote of three-fourths of the members
of the board at the hearing. The board may order such reinstatement without
further examination of the applicant, or reinstate the license, certificate, or
registration upon such terms and conditions as it deems appropriate.

E. Pursuant to the authority of the Board of Nursing provided in Chapter 30
(&#xA7; 54.1-3000 et seq.), the provisions of this section shall apply, mutatis
mutandis, to persons holding a multistate licensure privilege to practice
nursing.

HISTORY: 1993, c. 991; 1997, c. 801; 2002, c. 455; 2004, c. 49; 2006, c. 367;
2010, c. 414; 2014, c. 76; 2019, c. 138; 2025, c. 341.