Chapter 10. Regulations Governing the Health Practitioners' Monitoring Program for the Department of Health Professions
18VAC76-10-10. Definitions.
The words and terms used in this chapter shall have the definitions ascribed to them in § 54.1-2515 of the Code of Virginia or shall have the following meanings, unless the context clearly indicates otherwise:
"Contractor" means an entity with whom the director has contracted for implementation and operation of monitoring services.
"Director" means the Director of the Department of Health Professions.
"Program" means the Health Practitioners' Monitoring Program for the Virginia Department of Health Professions.
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 14, Issue 11, eff. January 22, 1998; Volume 25, Issue 23, eff. July 1, 2009; Volume 35, Issue 17, eff. May 15, 2019.
18VAC76-10-20. Organization of committee.
A. Members shall be appointed by the director for a term of four years and shall be eligible for reappointment for one additional four-year term. A member who is appointed to fill a vacancy for the remainder of an unexpired term shall be eligible for two full four-year terms. Terms of appointment shall begin on the first of the month following the appointment. The director shall have authority to remove a member for cause.
B. Members of the committee shall not be current members of a health regulatory board within the department.
C. Members of the committee who are required to be a licensed, certified, or registered practitioner with the Department of Health Professions must be in good standing with the applicable licensing board to serve on the committee. The director shall have the authority to temporarily bar member participation for cause.
D. The committee shall schedule meetings as necessary to conduct its business. Five members shall constitute a quorum. The committee may adopt bylaws to govern its operations as it deems necessary to conduct its business and as consistent with law and regulations.
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 22, Issue 22, eff. June 19, 2006; Volume 25, Issue 23, eff. July 1, 2009; Volume 33, Issue 4, eff. November 16, 2016; Volume 33, Issue 11, eff. February 22, 2017; Volume 41, Issue 4, eff. November 6, 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.
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.
18VAC76-10-50. Participation contract.
A. The participation contract between the committee and the practitioner shall include:
1. The monitoring plan to be followed by the practitioner;
2. Any provisions for withdrawal from practice or limitations on the scope of practice;
3. Consequences of failure to comply with the terms of the participation contract;
4. Any releases for seeking information or records related to the impairment from family, peers, medical personnel or employers;
5. The nature of the impairment; and
6. Any other terms or requirements as may be deemed necessary by the committee.
B. The participation contract shall specify that costs accruing to the individual practitioner, including but not limited to treatment and body fluid screens, shall not be the responsibility of 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 25, Issue 23, eff. July 1, 2009; Volume 33, Issue 4, eff. November 16, 2016.
18VAC76-10-60. Recovery monitoring contract.
The recovery monitoring contract between the committee and the practitioner shall include:
1. Length of contract;
2. Type, frequency, and conditions of drug screens;
3. Type and frequency of self-help meetings;
4. Stipulations for self-reporting;
5. Quarterly reports from employers, peers, or peer assistance programs;
6. Conditions and terms for completion and release from the program; and
7. Any other terms or requirements as may be deemed necessary by the committee.
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 41, Issue 4, eff. November 6, 2024.
18VAC76-10-65. Authority of the chairperson of the committee.
A. The chairperson may act on behalf of the committee when a scheduled meeting is canceled due to failure to convene a quorum.
B. The chairperson may act on behalf of the committee to authorize the following actions outside of a scheduled meeting:
1. Urgent dismissal;
2. Resignation - case closure; and
3. Ineligible - case closure.
Statutory Authority
§ 54.1-2516 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 16, Issue 17, eff. April 19, 2000; amended, Virginia Register Volume 22, Issue 22, eff. June 19, 2006; Volume 33, Issue 4, eff. November 16, 2016; Volume 33, Issue 11, eff. February 22, 2017; Volume 35, Issue 17, eff. May 15, 2019; Volume 38, Issue 10, eff. February 2, 2022; Volume 41, Issue 4, eff. November 6, 2024.
18VAC76-10-70. (Repealed.)
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 35, Issue 17, eff. May 15, 2019; repealed, Virginia Register Volume 41, Issue 4, eff. November 6, 2024.
18VAC76-10-80. Disclosure of information.
All disclosure of information shall be consistent with subsections B and C of § 54.1-2517 of the Code of Virginia and with the Substance Abuse Confidentiality Regulations contained in 42 CFR Part 2 when applicable.
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 41, Issue 4, eff. November 6, 2024.
18VAC76-10-90. (Repealed.)
Historical Notes
Derived from Virginia Register Volume 13, Issue 22, eff. July 1, 1997; repealed, Virginia Register Volume 25, Issue 23, eff. July 1, 2009.
18VAC76-10-100. Conflicts of interests.
A. The committee, contractor, or employees and agents of the contractor who refer practitioners for treatment shall not refer a practitioner to a treatment facility where the contractor, employees, or agents possess an investment interest, as defined in Chapter 24.1 (§ 54.1-2410 et seq.) of Title 54.1 of the Code of Virginia, unless it is an investment interest defined in § 54.1-2411 D of the Code of Virginia.
B. Likewise, the committee, the contractor, or its employees and agents as noted in subsection A of this section shall not have an investment interest in any laboratory that practitioners will be mandated to use for testing during the period of their contract.
C. The contractor shall offer multiple treatment options to any practitioner accepted into the program if treatment is a condition of participation unless the committee authorizes an exception.
D. A committee member who is providing treatment to a practitioner in the program shall disqualify himself from any decision related to such practitioner.
E. Any committee member who can or may be able to identify a practitioner in the program after the review of committee case reports shall recuse himself from any decision related to such practitioner. Committee members shall not attend committee meetings when such identified practitioner's case will be discussed.
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 41, Issue 4, eff. November 6, 2024.