Administrative Code

Virginia Administrative Code
5/25/2022

Part I. General Provisions

18VAC90-19-10. Definitions.

In addition to words and terms defined in §§ 54.1-3000 and 54.1-3030 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Active practice" means activities performed, whether or not for compensation, for which an active license to practice nursing is required.

"Board" means the Board of Nursing.

"CGFNS" means the Commission on Graduates of Foreign Nursing Schools.

"Contact hour" means 50 minutes of continuing education coursework or activity.

"Conversion therapy" means any practice or treatment as defined in § 54.1-2409.5 A of the Code of Virginia.

"National certifying organization" means an organization that has as one of its purposes the certification of a specialty in nursing based on an examination attesting to the knowledge of the nurse for practice in the specialty area.

"NCLEX" means the National Council Licensure Examination.

"NCSBN" means the National Council of State Boards of Nursing.

"Primary state of residence" means the state of a person's declared fixed, permanent, and principal home or domicile for legal purposes.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 38, Issue 10, eff. February 2, 2022.

18VAC90-19-20. Delegation of authority.

The executive director shall be delegated the authority to issue licenses and certificates and execute all notices, orders, and official documents of the board unless the board directs otherwise.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-19-30. Fees.

A. Fees required by the board are:

1. Application for licensure by examination - RN

$190

2. Application for licensure by endorsement - RN

$190

3. Application for licensure by examination - LPN

$170

4. Application for licensure by endorsement - LPN

$170

5. Reapplication for licensure by examination

$50

6. Biennial licensure renewal - RN

$140

7. Biennial inactive licensure renewal - RN

$70

8. Biennial licensure renewal - LPN

$120

9. Biennial inactive licensure renewal - LPN

$60

10. Late renewal - RN

$50

11. Late renewal - RN inactive

$25

12. Late renewal - LPN

$40

13. Late renewal - LPN inactive

$20

14. Reinstatement of lapsed license - RN

$225

15. Reinstatement of lapsed license - LPN

$200

16. Reinstatement of suspended or revoked license or registration

$300

17. Duplicate license

$15

18. Replacement wall certificate

$25

19. Verification of license

$35

20. Transcript of all or part of applicant or licensee records

$35

21. Handling fee for returned check or dishonored credit card or debit card

$50

22. Application for CNS registration

$130

23. Biennial renewal of CNS registration

$80

24. Reinstatement of lapsed CNS registration

$125

25. Verification of CNS registration to another jurisdiction

$35

26. Late renewal of CNS registration

$35

B. For renewal of licensure or registration from July 1, 2017, through June 30, 2019, the following fees shall be in effect:

1. Biennial licensure renewal - RN

$105

2. Biennial inactive licensure renewal - RN

$52

3. Biennial licensure renewal - LPN

$90

4. Biennial inactive licensure renewal - LPN

$45

5. Biennial renewal of CNS registration

$60

Statutory Authority

§§ 54.1-2400 and 54.1-3505 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; Errata, 33:14 VA.R. 1865 March 6, 2017; Volume 33, Issue 16, eff. May 3, 2017; Volume 33, Issue 18, eff. May 31, 2017; Volume 36, Issue 10, eff. February 6, 2020; Volume 37, Issue 12, eff. March 3, 2021.

18VAC90-19-40. Duplicate license.

A duplicate license for the current renewal period shall be issued by the board upon receipt of the required information and fee.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-19-50. Identification; accuracy of records.

A. Any person regulated by this chapter who provides direct client care shall, while on duty, wear identification that is clearly visible and indicates the appropriate title for the license, registration, or student status under which he is practicing in that setting. Name identification on a badge for identification of health care practitioners shall follow the policy of the health care setting in which the nurse is employed. Any person practicing in hospital emergency departments, psychiatric and mental health units and programs, or in health care facilities units offering treatment for clients in custody of state or local law-enforcement agencies may use identification badges with first name and first letter only of last name and appropriate title.

B. A licensee who has changed his name shall submit as legal proof to the board a copy of the marriage certificate, a certificate of naturalization, or court order evidencing the change. A duplicate license shall be issued by the board upon receipt of such evidence and the required fee.

C. Each licensee shall maintain an address of record with the board. Any change in the address of record or in the public address, if different from the address of record, shall be submitted by a licensee electronically or in writing to the board within 30 days of such change. All notices required by law and by this chapter to be mailed by the board to any licensee shall be validly given when mailed to the latest address of record on file with the board.

Statutory Authority

§§ 54.1-2400 and 54.1-3005 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 34, Issue 14, eff. April 4, 2018.

18VAC90-19-60. Data collection of nursing workforce information.

A. With such funds as are appropriated for the purpose of data collection and consistent with the provisions of § 54.1-2506.1 of the Code of Virginia, the board shall collect workforce information biennially from a representative sample of registered nurses, licensed practical nurses, and certified nurse aides and shall make such information available to the public. Data collected shall be compiled, stored, and released in compliance with § 54.1-3012.1 of the Code of Virginia.

B. The information to be collected on nurses shall include (i) demographic data to include age, sex, and ethnicity; (ii) level of education; (iii) employment status; (iv) employment setting or settings such as in a hospital, physician's office, or nursing home; (v) geographic location of employment; (vi) type of nursing position or area of specialty; and (vii) number of hours worked per week in each setting. In addition, the board may determine other data to be collected as necessary.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-19-70. Supervision of licensed practical nurses.

Licensed practical nursing shall be performed under the direction or supervision of a licensed medical practitioner, a registered nurse, or a licensed dentist.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

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