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Virginia Administrative Code
Title 18. Professional And Occupational Licensing
Agency 76. Department of Health Professions
Chapter 10. Regulations Governing the Health Practitioners' Monitoring Program for the Department of Health Professions
11/21/2024

18VAC76-10-30. Eligibility.

A. In order to become eligible for the program and to maintain eligibility, an impaired practitioner shall hold a current, active license, certification, a registration issued by a health regulatory board in Virginia, or a multistate licensure privilege, with the exception that an applicant for initial licensure, certification, or registration or for reinstatement shall be eligible for participation for up to one year from the date of receipt of the application by a health regulatory board.

B. Individuals who are practicing exclusively outside of Virginia shall not participate in the program, except as may be required by specific board order or by permission between party states pursuant to:

1. The Audiology and Speech-Language Pathology Interstate Compact (Article 2 (§ 54.1-2606 et seq.) of Chapter 26 of Title 54.1 of the Code of Virginia);

2. The Counseling Compact (§ 54.1-3500.1 of the Code of Virginia);

3. The Nurse Licensure Compact (Article 6.1 (§ 54.1-3040.1 et seq.) of Chapter 30 of Title 54.1 of the Code of Virginia);

4. The Occupational Therapy Interjurisdictional Licensure Compact (§ 54.1-2956.7:1 of the Code of Virginia);

5. The Physical Therapy Licensure Compact (Article 2 (§ 54.1-3485 et seq.) of Chapter 34.1 of Title 54.1 of the Code of Virginia); or

6. The Psychology Interjurisdictional Compact (§ 54.1-3606.2 of the Code of Virginia).

C. The practitioner shall sign a participation contract and a recovery monitoring contract with the committee. Failure to adhere to the terms of either contract may subject the practitioner to dismissal from the program.

D. A practitioner who has been previously dismissed for noncompliance from this or any other state-sponsored monitoring program may be considered eligible at the discretion of the committee or its designee.

E. The committee or its designee may deem a practitioner who has been repeatedly dismissed for noncompliance from the program unable to be monitored and the practitioner as permanently ineligible for re-entry into the program.

Statutory Authority

§ 54.1-2516 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 22, eff. July 1, 1997; amended, Virginia Register Volume 15, Issue 17, eff. April 15, 1999; Volume 25, Issue 23, eff. July 1, 2009; Volume 33, Issue 4, eff. November 16, 2016; Volume 41, Issue 4, eff. November 6, 2024.

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