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2005 SESSION
058716228Be it enacted by the General Assembly of Virginia:
1. That §§ 54.1-3001, 54.1-3018, 54.1-3021, 58.1-3024, and 54.1-3033 of the Code of Virginia are amended and reenacted as follows:
§ 54.1-3001. Exemptions.
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 ninety-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 thirty 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 ten 10
days after, employment. If the 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, is
relocating to the Commonwealth pursuant to a military-connected spouse's
official military orders, the period shall be 120 days pending licensure in
Virginia, after furnishing to the employer satisfactory
evidence of current licensure in the other jurisdiction and having
submitted 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'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 § 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 90 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; or
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 with no paid employees that sponsors the provision of health care to populations of underserved people throughout the world, (iv) files a copy of the license or certification issued in such other jurisdiction with the Board, (v) notifies the Board at least fifteen 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'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.
§ 54.1-3018. Registered nurse's license by endorsement.
A. The Board may issue a license by endorsement to an applicant to practice professional nursing if the applicant has been licensed as a professional or registered nurse under the laws of another state, the District of Columbia, or a United States possession or territory, and, in the opinion of the Board, the applicant meets the qualifications required of registered nurses in this Commonwealth.
B. The Board shall also endorse for licensure nurses who hold an unrestricted license in Canada and whose training was obtained in a nursing school in Canada where English was the primary language and who have passed the Canadian Registered Nurses Examination (CRNE).
C. An applicant for licensure by endorsement as a registered nurse who is relocating to this state pursuant to a military-connected spouse's official military orders who is licensed in another state that is a member of the Nurse Licensure Compact (Article 6, § 54.1-3030 et seq. of this chapter) shall be deemed to have met the qualifications required of registered nurses in the Commonwealth and shall be issued a license by endorsement upon submission of the appropriate application and fees.
§ 54.1-3021. Practical nurse's license by endorsement.
A. The Board may issue a license by endorsement to any applicant to practice as a licensed practical nurse if the applicant has been licensed as a practical nurse or a person entitled to perform similar services under laws of another state, the District of Columbia or a United States possession or territory and, in the opinion of the Board, the applicant meets the requirements for licensed practical nurses in this Commonwealth.
B. An applicant for licensure by endorsement as a licensed practical nurse who is relocating to the Commonwealth pursuant to a military-connected spouse's official military orders who is licensed in another state that is a member of the Nurse Licensure Compact (Article 6, § 54.1-3030 et seq. of this chapter) shall be deemed to have met the qualifications required of licensed practical nurses in the Commonwealth and shall be issued a license by endorsement upon submission of the appropriate application and fees.
§ 54.1-3024. Application for certification of nurse aides by endorsement.
A. Every applicant for certification by endorsement shall pay the required application fee, shall submit the information required by the Board in the manner and form specified by the Board, and shall submit written evidence that the applicant:
1. Is certified to practice as a nurse aide by another state or territory of the United States (with requirements that are essentially similar to the requirements for certification set out in this article) and that such certification is in good standing;
2. Has not committed any act or omission that would be grounds for discipline or denial of certification under this article;
3. Has no record of abuse, negligent practice, or misappropriation of a patient's or resident's property or any disciplinary action taken or pending in any other state or territory against such certification.
B. An applicant for certification by endorsement to practice as a nurse aide who is relocating to the Commonwealth pursuant to a military-connected spouse's official military orders shall be deemed to have satisfied requirements for certification that are essentially similar to the requirements for certification set out in this article, as required by subdivision A 1.
§ 54.1-3033. (Effective January 1, 2005) Applications for licensure in a party state.
A. Upon application for a license, the licensing board in a party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any restrictions on the multistate licensure privilege, and whether any other adverse action by any state has been taken against the license.
B. A nurse in a party state shall hold licensure in only one party state at a time, issued by the home state.
C. A nurse who intends to change primary state of residence may apply for licensure in the new home state in advance of such change. However, new licenses will not be issued by a party state until after a nurse provides evidence of change in primary state of residence satisfactory to the new home state's licensing board, including evidence of change in primary state of residence pursuant to a military-connected spouse's official military orders.
D. When a nurse changes primary state of residence by:
1. Moving between two party states, and obtains a license from the new home state, the license from the former home state is no longer valid;
2. Moving from a non-party state to a party state, and obtains a license from the new home state, the individual state license issued by the non-party state is not affected and will remain in full force if so provided by the laws of the non-party state;
3. Moving from a party state to a non-party state, the license issued by the prior home state converts to an individual state license, valid only in the former home state, without the multistate licensure privilege to practice in other party states.