                                 CODE OF VIRGINIA

SURVEY OF NURSING EDUCATION PROGRAMS; DISCONTINUANCE OF PROGRAM; DUE PROCESS
REQUIREMENTS (§ 54.1-3014)

A. The Board shall, through its administrative officer or other authorized
representative, survey all nursing education programs in the Commonwealth as
necessary. Written reports of such surveys shall be submitted to the Board. If
the Board determines that any approved nursing education program is not
maintaining the required standards, notice in writing specifying the
deficiencies shall be immediately given to the institution conducting the
program.

B. Following an informal fact-finding proceeding held pursuant to § 2.2-4019,
at which the Board places a program on conditional approval with terms and
conditions that include a restriction on enrollment in a nursing education
program:

   1. The Board shall state in its order or decision letter the specific
   violations of law or regulation and the factual basis for each violation with
   sufficient specificity to inform the program of the basis for the decision so
   that the nursing education program may take corrective steps to address any
   identified violations.

   2. A program subject to any term or condition set forth in an order or
   decision letter entered by the Board that constitutes a restriction on
   enrollment for a nursing education program shall have 30 days from the entry
   of the Board&#8217;s order or decision letter to request a formal hearing
   pursuant to &#xA7; 2.2-4020, and any term or condition restricting enrollment
   shall be stayed upon receipt of such request within 30 days from the
   Board&#8217;s entry of its order or the decision letter. If a nursing
   education program does not request a formal hearing as provided in this
   section within 30 days of the entry of the Board&#8217;s order or decision
   letter, the term or condition that constitutes a restriction on enrollment in
   a nursing education program shall be effective immediately.

   3. Following a formal hearing held pursuant to &#xA7; 2.2-4020, the order or
   decision letter of the Board shall identify the factual basis of any finding
   that the nursing education program&#8217;s information presented at the formal
   hearing was insufficient to demonstrate compliance with the law or regulations
   of the Board.

   4. If an order of the Board entered following a formal hearing held pursuant
   to &#xA7; 2.2-4020 provides that the program is to continue on conditional
   approval with terms or conditions involving a restriction on enrollment, the
   program shall be advised of the right to appeal the order or decision letter
   to the appropriate circuit court in accordance with &#xA7; 2.2-4026 and Part
   2A of the Rules of the Supreme Court of Virginia.

   5. Any restriction on enrollment shall be limited to one year.
   				Following the expiration of the restriction on enrollment, if the Board
   determines that the specific violations that led to the restriction on
   enrollment have not been remedied, it shall provide the nursing education
   program with written notice pursuant to &#xA7; 2.2-4019 to appear for an
   informal fact-finding proceeding with an opportunity to present evidence of
   compliance before the Board.

C. A program that fails to correct these deficiencies to the satisfaction of the
Board within a reasonable time shall be discontinued after a hearing in which
such facts are established.

D. The Board shall provide to a nursing education program any written complaint
or written summary of a verbal complaint related to the program when any
administrative request for information is initiated or subpoena issued.

E. In addition to the program director, a nursing education program may
designate one or more persons with whom the Board shall communicate for purposes
of providing official notices, obtaining information, and responding to requests
for information regarding the nursing education program; such persons need not
be licensed nurses and need not maintain their primary place of business at the
same address as the nursing education program.

HISTORY: Code 1950, § 54-358; 1970, c. 116, § 54-367.28; 1988, c. 765; 2012,
c. 644.