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Developed and maintained by the Division of Legislative Automated Systems.
1997 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 54.1-2708, 54.1-2920, 54.1-3009, and 54.1-3605 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 54.1-2408.1 as follows:
§ 54.1-2408.1. Summary suspension of licenses, certificates or registrations; allegations to be in writing.
A. Any health regulatory board may suspend the license, certificate or registration of any person holding a license, certificate or registration issued by it without a hearing simultaneously with the institution of proceedings for a hearing, if the relevant board finds that there is a substantial danger to the public health or safety which warrants this action. A board may meet by telephone conference call when summarily suspending a license, certificate or registration if a good faith effort to assemble a quorum of the board has failed and, in the judgment of a majority of the members of the board, the continued practice by the individual constitutes a substantial danger to the public health or safety. Institution of proceedings for a hearing shall be provided simultaneously with the summary suspension. The hearing shall be scheduled within a reasonable time of the date of the summary suspension.
B. Allegations of violations of this title shall be made in writing to the relevant health regulatory board.
§ 54.1-2708. Disciplinary action discretion.
A. Except in the case of a monetary penalty, the Board may take
disciplinary action notwithstanding any action pending before or consummated
before any court or any criminal penalty which has been or may be imposed.
B. The Board may suspend the license of any person licensed hereunder,
without a hearing simultaneously with the institution of proceedings for a
hearing, if it finds that there is a substantial danger to the public health or
safety which warrants this action. The Board may meet by telephone conference
call when summarily suspending a license, if a good faith effort to assemble a
quorum of the Board has failed and in the judgment of a majority of the members
of the Board, the continued practice of the practitioner constitutes a
substantial danger to the public health or safety. Institution of proceedings
for a hearing shall be provided simultaneously with the summary suspension. The
hearing shall be scheduled within a reasonable time of the date of the summary
suspension.
§ 54.1-2920. Notice and opportunity to be heard required before suspension or revocation of license; allegations to be in writing; practice pending appeal; notice to patients.
Except as provided in § 54.1-2408.1, the Board shall take no action to revoke or suspend the license of any of its licensees except after reasonable notice and an opportunity to be heard in accordance with the Administrative Process Act (§ 9-6.14:1 et seq.). Such action may be in addition to any penalty imposed by law for the violation. For the purposes of this section, reasonable notice means written notice mailed at least thirty days prior to the scheduled hearing.
However, the Board may suspend the license of any person licensed
hereunder, without a hearing simultaneously with the institution of proceedings
for a hearing, if it finds that there is a substantial danger to the public
health or safety which warrants this action. The Board may meet by telephone
conference call when summarily suspending a license, if a good faith effort to
assemble a quorum of the Board has failed and in the judgment of a majority of
the members of the Executive Committee, the continued practice of the
practitioner constitutes a substantial danger to the public health or safety.
Institution of proceedings for a hearing shall be provided simultaneously with
the summary suspension. The hearing shall be scheduled within a reasonable time
of the date of the summary suspension.
Allegations of violations of this chapter shall be in writing to the Board
or any member thereof.
Any practitioner whose license is suspended or revoked by the Board shall not engage in the practice of any of the healing arts in the Commonwealth pending his appeal.
Whenever any license suspension or revocation becomes final, the practitioner shall forthwith give notice of that action, by certified mail, to all patients to whom he is currently providing services. Such practitioner shall cooperate with other practitioners to ensure continuation of treatment in conformity with the wishes of the patient. Such practitioner shall also notify any hospitals or other facilities where he is currently granted privileges, and any health insurance companies, health insurance administrators or health maintenance organizations currently reimbursing him for any of the healing arts.
§ 54.1-3009. Authority to require certain evidence and examinations.
A. An allegation against a licensee or certificate holder shall be made in
writing to the Board.
B. The Board may suspend a license or certificate without a hearing,
simultaneously with the institution of proceedings for a hearing, if it finds
that there is a substantial danger to the public health or safety which
warrants such action. The Board may meet by telephone conference call when
summarily suspending a license or certificate, if a good faith effort to
assemble a quorum of the Board has failed and in the judgment of the officers
of the Board, the licensee's or certificate holder's continued practice
constitutes a substantial danger to public health or safety.
Institution of proceedings for a hearing shall be provided simultaneously
with the summary suspension. The hearing shall be scheduled within a reasonable
time of the date of the summary suspension.
C. The Board may direct any licensee or certificate holder under a
disciplinary order to furnish it at such intervals as it may require, evidence
that he is not practicing in violation of this chapter. In addition, when the
Board has probable cause to believe the licensee or certificate holder unable
to practice with reasonable skill and safety to patients because of excessive
use of alcohol or drugs or physical or mental illness, the Board, after
preliminary investigation by informal conference, may direct that the licensee
or certificate holder submit to a mental or physical examination. Failure to
submit to the examination shall constitute grounds for disciplinary action. Any
licensee or certificate holder affected by this subsection shall be afforded
reasonable opportunity to demonstrate that he is competent to practice with
reasonable skill and safety to patients.
§ 54.1-3605. Powers and duties of the Board.
In addition to the powers granted in § 54.1-2400 other
provisions of this title, the Board shall have the following specific
powers and duties:
1. To cooperate with and maintain a close liaison with other professional boards and the community to ensure that regulatory systems stay abreast of community and professional needs.
2. To conduct inspections to ensure that licensees conduct their practices in a competent manner and in conformance with the relevant regulations.
3. To designate specialties within the profession.
4. To issue a temporary license for such periods as the Board may prescribe to practice psychology to persons who are engaged in a residency or pursuant to subdivision 7 of § 54.1-3601.
5. (Effective until July 1, 1999) To promulgate regulations for the voluntary certification of licensees as sex offender treatment providers. In promulgating such regulations, the Board shall consider the standards recommended by the Advisory Committee on Certified Practices pursuant to § 54.1-3610. The provisions of this subdivision shall expire on July 1, 1999.
6. (Effective until July 1, 1999) To administer the mandatory certification of sex offender treatment providers for those professionals who are otherwise exempt from licensure under subdivision 4 of §§ 54.1-3501, 54.1-3601 or § 54.1-3701 and to promulgate regulations governing such mandatory certification. The regulations shall include provisions for fees for application processing, certification qualifications, certification issuance and renewal and disciplinary action. The provisions of this subdivision shall expire on July 1, 1999.
7. The Board may suspend the license of any person licensed hereunder,
without a hearing simultaneously with the institution of proceedings for a
hearing, if it finds that there is a substantial danger to the public health or
safety which warrants this action. The Board may meet by telephone conference
call when summarily suspending a license, if a good faith effort to assemble a
quorum of the Board has failed and, in the judgment of a majority of the
members of the Board, the continued practice of psychology by the practitioner
constitutes a substantial danger to the public health or safety. Institution of
proceedings for a hearing shall be provided simultaneously with the summary
suspension. The hearing shall be scheduled within a reasonable time of the date
of the summary suspension.
2. That §§ 54.1-3217, 54.1-3317, and 54.1-3808 of the Code of Virginia are repealed.