Administrative Code

Virginia Administrative Code
9/27/2021

Part VI. Renewal of License; Reinstatement

18VAC85-20-230. Renewal of an active license.

A. Every licensee who intends to maintain an active license shall renew his license biennially during his birth month, meet the continued competency requirements prescribed in 18VAC85-20-235, and pay to the board the renewal fee prescribed in 18VAC85-20-22.

B. An additional fee to cover administrative costs for processing a late application shall be imposed by the board as prescribed in subsection H of 18VAC85-20-22.

Statutory Authority

§ 54.1-2400 and Chapter 29 of Title 54.1 of the Code of Virginia.

Historical Notes

Derived from VR465-02-1 § 5.2, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 11, Issue 25, eff. October 4, 1995; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 4, eff. December 8, 1999; Volume 20, Issue 10, eff. February 25, 2004.

18VAC85-20-235. Continued competency requirements for renewal of an active license.

A. In order to renew an active license biennially, a practitioner shall attest to completion of at least 60 hours of continuing learning activities within the two years immediately preceding renewal as follows:

1. A minimum of 30 of the 60 hours shall be in Type 1 activities or courses offered by an accredited sponsor or organization sanctioned by the profession.

a. Type 1 hours in chiropractic shall be clinical hours that are approved by a college or university accredited by the Council on Chiropractic Education or any other organization approved by the board.

b. Type 1 hours in podiatry shall be accredited by the American Podiatric Medical Association, the American Council of Certified Podiatric Physicians and Surgeons or any other organization approved by the board.

2. No more than 30 of the 60 hours may be Type 2 activities or courses, which may or may not be approved by an accredited sponsor or organization but which shall be chosen by the licensee to address such areas as ethics, standards of care, patient safety, new medical technology, and patient communication.

a. Up to 15 of the Type 2 continuing education hours may be satisfied through delivery of services, without compensation, to low-income individuals receiving services through a local health department or a free clinic organized in whole or primarily for the delivery of health services. One hour of continuing education may be credited for one hour of providing such volunteer services. For the purpose of continuing education credit for voluntary service, documentation by the health department or free clinic shall be acceptable.

b. Type 2 hours may include teaching in a health care profession field.

B. A practitioner shall be exempt from the continuing competency requirements for the first biennial renewal following the date of initial licensure in Virginia.

C. The practitioner shall retain in his records all supporting documentation for a period of six years following the renewal of an active license.

D. The board shall periodically conduct a random audit of its active licensees to determine compliance. The practitioners selected for the audit shall provide all supporting documentation within 30 days of receiving notification of the audit.

E. Failure to comply with these requirements may subject the licensee to disciplinary action by the board.

F. The board may grant an extension of the deadline for continuing competency requirements for up to one year for good cause shown upon a written request from the licensee prior to the renewal date.

G. The board may grant an exemption for all or part of the requirements for circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters.

H. The board may grant an exemption for all or part of the requirements for a licensee who:

1. Is practicing solely in an uncompensated position, provided his practice is under the direction of a physician fully licensed by the board; or

2. Is practicing solely as a medical examiner, provided the licensee obtains six hours of medical examiner training per year provided by the Office of the Chief Medical Examiner.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 16, Issue 4, eff. December 8, 1999; amended, Virginia Register Volume 20, Issue 10, eff. February 25, 2004; Volume 23, Issue 11, eff. April 21, 2007; Volume 23, Issue 25, eff. September 20, 2007; Volume 29, Issue 4, eff. November 21, 2012; Volume 33, Issue 11, eff. March 9, 2017; Volume 35, Issue 24, eff. September 26, 2019.

18VAC85-20-236. Inactive license.

A doctor of medicine, osteopathic medicine, podiatry or chiropractic who holds a current, unrestricted license in Virginia may, upon a request on the renewal application and submission of the required fee, be issued an inactive license. The holder of an inactive license shall not be required to maintain continuing competency requirements and shall not be entitled to perform any act requiring a license to practice medicine, osteopathic medicine, podiatry or chiropractic in Virginia.

Statutory Authority

§ 54.1-2400 and Chapter 29 of Title 54.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 16, Issue 4, eff. December 8, 1999; amended, Virginia Register Volume 20, Issue 10, eff. February 25, 2004.

18VAC85-20-240. Reinstatement of an inactive or lapsed license.

A. A practitioner whose license has been lapsed for two successive years or more and who requests reinstatement of licensure shall:

1. File a completed application for reinstatement;

2. Pay the reinstatement fee prescribed in 18VAC85-20-22; and

3. Provide documentation of having completed continued competency hours equal to the requirement for the number of years, not to exceed four years, in which the license has been lapsed.

B. An inactive licensee may reactivate his license upon submission of the required application, payment of the difference between the current renewal fee for inactive licensure and the current renewal fee for active licensure, and documentation of having completed continued competency hours equal to the requirement for the number of years, not to exceed four years, in which the license has been inactive.

C. If a practitioner has not engaged in active practice in his profession for more than four years and wishes to reinstate or reactivate his license, the board may require the practitioner to pass one of the following examinations. For the purpose of determining active practice, the practitioner shall provide evidence of at least 640 hours of clinical practice within the four years immediately preceding his application for reinstatement or reactivation.

1. The Special Purpose Examination (SPEX) given by the Federation of State Medical Boards.

2. The Comprehensive Osteopathic Medical Variable Purpose Examination—USA (COMVEX-USA) given by the National Board of Osteopathic Examiners.

3. The Special Purposes Examination for Chiropractic (SPEC) given by the National Board of Chiropractic Examiners.

4. A special purpose examination or other evidence of continuing competency to practice podiatric medicine as acceptable to the board.

D. The board reserves the right to deny a request for reinstatement or reactivation to any licensee who has been determined to have committed an act in violation of § 54.1-2915 of the Code of Virginia or any provisions of this chapter.

Statutory Authority

§ 54.1-2400 and Chapter 29 of Title 54.1 of the Code of Virginia.

Historical Notes

Derived from VR465-02-1 § 6.1, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 11, Issue 25, eff. October 4, 1995; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 4, eff. December 8, 1999; Errata, 16:8 VA.R. 997 January 3, 2000; amended, Volume 16, Issue 13, eff. April 12, 2000; Volume 20, Issue 10, eff. February 25, 2004.

18VAC85-20-250. (Repealed.)

Historical Notes

Derived from VR465-02-1 §§ 6.2, 7.1, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 11, Issue 25, eff. October 4, 1995; repealed, Virginia Register Volume 14, Issue 21, eff. August 5, 1998.

18VAC85-20-270. (Repealed.)

Historical Notes

Derived from VR465-02-1, eff. September 21, 1994; amended, Virginia Register Volume 11, Issue 25, eff. October 4, 1995; repealed, Virginia Register Volume 14, Issue 21, eff. August 5, 1998.

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