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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

18VAC76-10-40. Eligibility for stayed disciplinary action.

A. The committee or its designee shall consult with the relevant health regulatory board liaison for the purpose of determining eligibility for a stay of disciplinary action pursuant to § 54.1-2516 C of the Code of Virginia. Such consultation shall occur prior to determination regarding stayed disciplinary action and may include the following:

1. Review of an investigative report that alleges impairment;

2. Implications of the alleged impairment on practice in the profession;

3. Circumstances of the impairment related to a possible violation of laws or regulation; or

4. Any other issues related to disciplinary action or the eligibility, treatment, and recovery of a practitioner.

B. If found ineligible for stayed disciplinary action by the relevant health regulatory board or the committee, the practitioner may remain eligible for participation in the program. If an applicant for the program is not eligible for a stay and evidence of a violation has been reported to the committee, the committee shall make a report of the violation to the department.

C. Disciplinary action may be initiated by the relevant health regulatory board upon receipt of investigative information leading to a determination of probable cause that impairment constitutes a danger to patients or clients, or upon a determination that the decision for stayed disciplinary action is not consistent with provisions for a stay pursuant to § 54.1-2516 C of the Code of Virginia.

D. The committee or its designee shall advise the relevant health regulatory board that a participant is noncompliant and may no longer be eligible for a stay of disciplinary action.

E. The relevant health regulatory board shall have final authority to grant a stay of disciplinary action.

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 25, Issue 23, eff. July 1, 2009; Volume 33, Issue 4, eff. November 16, 2016; Volume 38, Issue 10, eff. February 2, 2022; Volume 41, Issue 4, eff. November 6, 2024.

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