                                 CODE OF VIRGINIA

EXEMPTIONS (§ 54.1-3001)

A. This chapter shall not apply to the following:

   1. The furnishing of nursing assistance in an emergency;

   2. The practice of nursing, which is prescribed as part of a study program, by
   nursing students enrolled in nursing education programs approved by the Board
   or by graduates of approved nursing education programs for a period not to
   exceed ninety days following successful completion of the nursing education
   program pending the results of the licensing examination, provided proper
   application and fee for licensure have been submitted to the Board and unless
   the graduate fails the licensing examination within the 90-day period;

   3. The practice of any legally qualified nurse of another state who is
   employed by the United States government while in the discharge of his
   official duties;

   4. The practice of nursing by a nurse who holds a current unrestricted license
   in another state, the District of Columbia, a United States possession or
   territory, or who holds a current unrestricted license in Canada and whose
   training was obtained in a nursing school in Canada where English was the
   primary language, for a period of 30 days pending licensure in Virginia, if
   the nurse, upon employment, has furnished the employer satisfactory evidence
   of current licensure and submits proper application and fees to the Board for
   licensure before, or within 10 days after, employment. At the discretion of
   the Board, additional time may be allowed for nurses currently licensed in
   another state, the District of Columbia, a United States possession or
   territory, or Canada who are in the process of attaining the qualification for
   licensure in this Commonwealth;

   5. The practice of nursing by any registered nurse who holds a current
   unrestricted license in another state, the District of Columbia, or a United
   States possession or territory, or a nurse who holds an equivalent credential
   in a foreign country, while enrolled in an advanced professional nursing
   program requiring clinical practice. This exemption extends only to clinical
   practice required by the curriculum;

   6. The practice of nursing by any nurse who holds a current unrestricted
   license in another state, the District of Columbia, or a United States
   possession or territory and is employed to provide care to any private
   individual while such private individual is traveling through or temporarily
   staying, as defined in the Board&#8217;s regulations, in the Commonwealth;

   7. General care of the sick by nursing assistants, companions or domestic
   servants that does not constitute the practice of nursing as defined in this
   chapter;

   8. The care of the sick when done solely in connection with the practice of
   religious beliefs by the adherents and which is not held out to the public to
   be licensed practical or professional nursing;

   9. Any employee of a school board, authorized by a prescriber and trained in
   the administration of insulin and glucagon, when, upon the authorization of a
   prescriber and the written request of the parents as defined in &#xA7; 22.1-1,
   assisting with the administration of insulin or administrating glucagon to a
   student diagnosed as having diabetes and who requires insulin injections
   during the school day or for whom glucagon has been prescribed for the
   emergency treatment of hypoglycemia;

   10. The practice of nursing by any nurse who is a graduate of a foreign
   nursing school and has met the credential, language, and academic testing
   requirements of the Commission on Graduates of Foreign Nursing Schools for a
   period not to exceed ninety days from the date of approval of an application
   submitted to the Board when such nurse is working as a nonsupervisory staff
   nurse in a licensed nursing home or certified nursing facility. During such
   ninety-day period, such nurse shall take and pass the licensing examination to
   remain eligible to practice nursing in Virginia; no exemption granted under
   this subdivision shall be extended;

   11. The practice of nursing by any nurse rendering free health care to an
   underserved population in Virginia who (i) does not regularly practice nursing
   in Virginia, (ii) holds a current valid license or certification to practice
   nursing in another state, territory, district or possession of the United
   States, (iii) volunteers to provide free health care to an underserved area of
   this Commonwealth under the auspices of a publicly supported all volunteer,
   nonprofit organization that sponsors the provision of health care to
   populations of underserved people, (iv) files a copy of the license or
   certification issued in such other jurisdiction with the Board, (v) notifies
   the Board at least five business days prior to the voluntary provision of
   services of the dates and location of such service, and (vi) acknowledges, in
   writing, that such licensure exemption shall only be valid, in compliance with
   the Board&#8217;s regulations, during the limited period that such free health
   care is made available through the volunteer, nonprofit organization on the
   dates and at the location filed with the Board. The Board may deny the right
   to practice in Virginia to any nurse whose license or certificate has been
   previously suspended or revoked, who has been convicted of a felony or who is
   otherwise found to be in violation of applicable laws or regulations. However,
   the Board shall allow a nurse who meets the above criteria to provide
   volunteer services without prior notice for a period of up to three days,
   provided the nonprofit organization verifies that the practitioner has a
   valid, unrestricted license in another state;

   12. Any person performing state or federally funded health care tasks directed
   by the consumer, which are typically self-performed, for an individual who
   lives in a private residence and who, by reason of disability, is unable to
   perform such tasks but who is capable of directing the appropriate performance
   of such tasks;

   13. The practice of nursing by any nurse who holds a current unrestricted
   license from another state, the District of Columbia or a United States
   possession or territory, while such nurse is in the Commonwealth temporarily
   and is practicing nursing in a summer camp or in conjunction with clients who
   are participating in specified recreational or educational activities;

   14. The practice of massage therapy that is an integral part of a program of
   study by a student enrolled in a massage therapy educational program under the
   direction of a licensed massage therapist. Any student enrolled in a massage
   therapy educational program shall be identified as a &#8220;Student Massage
   Therapist&#8221; and shall deliver massage therapy under the supervision of an
   appropriate clinical instructor recognized by the educational program;

   15. The practice of massage therapy by a massage therapist licensed or
   certified in good standing in another state, the District of Columbia, or
   another country, while such massage therapist is volunteering at a sporting or
   recreational event or activity, is responding to a disaster or emergency
   declared by the appropriate authority, is travelling with an out-of-state
   athletic team or an athlete for the duration of the athletic tournament, game,
   or event in which the team or athlete is competing, or is engaged in
   educational seminars;

   16. Any person providing services related to the domestic care of any family
   member or household member so long as that person does not offer, hold out, or
   claim to be a massage therapist;

   17. Any health care professional licensed or certified under this title for
   which massage therapy is a component of his practice; or

   18. Any individual who provides stroking of the hands, feet, or ears or the
   use of touch, words, and directed movement, including healing touch,
   therapeutic touch, mind-body centering, orthobionomy, traeger therapy,
   reflexology, polarity therapy, reiki, qigong, muscle activation techniques, or
   practices with the primary purpose of affecting energy systems of the human
   body.

B. Notwithstanding any provision of law or regulation to the contrary, military
medical personnel, as defined in &#xA7; 2.2-2001.4, while participating in a
program established by the Department of Veterans Services pursuant to &#xA7;
2.2-2001.4, may practice under the supervision of a licensed physician or
podiatrist or the chief medical officer of an organization participating in such
program. The chief medical officer of an organization participating in a program
established pursuant to &#xA7; 2.2-2001.4 may, in consultation with the chief
nursing officer of such organization, designate a registered nurse licensed by
the Board or practicing with a multistate licensure privilege to supervise
military personnel participating in a program established pursuant to &#xA7;
2.2-2001.4 in the practice of nursing.

HISTORY: Code 1950, § 54-362; 1970, c. 116; 1982, c. 598, § 54-367.36; 1988,
c. 765; 1994, cc. 58, 103; 1996, c. 388; 1999, c. 570; 2001, cc. 244, 251; 2002,
cc. 713, 740; 2008, c. 674; 2010, c. 245; 2012, cc. 117, 178; 2016, c. 324;
2018, cc. 69, 338.