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2006 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 54.1-2409 of the Code of Virginia is amended and reenacted as follows:
§ 54.1-2409. Mandatory suspension or revocation; reinstatement; hearing for reinstatement.
A. Upon receipt of documentation by a court or agency, state or federal, that a person licensed, certified, or registered by a board within the Department of Health Professions has had his license, certificate, or registration to practice the same profession or occupation revoked or suspended in another jurisdiction and has not had his license, certificate, or registration to so practice reinstated within that jurisdiction, or has been convicted of a felony or has been adjudged incapacitated, the Director of the Department 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 this Commonwealth until his license, certificate, or registration has been reinstated by the Board.
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'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 thirty 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'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 (§ 54.1-3000 et seq.) of this title, the provisions of this section shall apply, mutatis mutandis, to persons holding a multistate licensure privilege to practice nursing.