Part IV. Disciplinary Provisions
18VAC90-30-220. Grounds for disciplinary action against the license of a licensed advanced practice registered nurse.
The boards may deny licensure or relicensure, revoke or suspend the license, or take other disciplinary action upon proof that the advanced practice registered nurse:
1. Has had a license or multistate privilege to practice nursing in this Commonwealth or in another jurisdiction revoked or suspended or otherwise disciplined;
2. Has directly or indirectly represented to the public that the advanced practice registered nurse is a physician, or is able to, or will practice independently of a physician;
3. Has exceeded the authority as a licensed advanced practice registered nurse;
4. Has violated or cooperated in the violation of the laws or regulations governing the practice of medicine, nursing or advanced practice registered nurses;
5. Has become unable to practice with reasonable skill and safety to patients as the result of a physical or mental illness or the excessive use of alcohol, drugs, narcotics, chemicals, or any other type of material;
6. Has violated or cooperated with others in violating or attempting to violate any law or regulation, state or federal, relating to the possession, use, dispensing, administration, or distribution of drugs;
7. Has failed to comply with continuing competency requirements as set forth in 18VAC90-30-105;
8. Has willfully or negligently breached the confidentiality between a practitioner and a patient. A breach of confidentiality that is required or permitted by applicable law or beyond the control of the practitioner shall not be considered negligent or willful;
9. Has engaged in unauthorized use or disclosure of confidential information received from the Prescription Monitoring Program, the electronic system within the Department of Health Professions that monitors the dispensing of certain controlled substances; or
10. Has engaged in conversion therapy with a person younger than 18 years of age.
Statutory Authority
§§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes
Derived from VR495-02-1 § 5.1, eff. June 22, 1989; amended, Virginia Register Volume 12, Issue 1, eff. November 1, 1995; Volume 18, Issue 15, eff. May 8, 2002; Volume 25, Issue 5, eff. December 25, 2008; Volume 35, Issue 21, eff. July 10, 2019; Volume 38, Issue 10, eff. February 2, 2022; Volume 40, Issue 4, eff. November 8, 2023.
18VAC90-30-230. Administrative proceedings.
A. The provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) shall govern proceedings on questions of violation of 18VAC90-30-220.
B. Except as provided in 18VAC90-30-240, the Committee of the Joint Boards of Nursing and Medicine shall conduct all proceedings prescribed herein and shall take action on behalf of the boards.
C. When a person's license to practice nursing has been suspended or revoked by the Board of Nursing, the advanced practice registered nurse license shall be suspended pending a hearing simultaneously with the institution of proceedings for a hearing.
D. Sanctions or other terms and conditions imposed by consent orders entered by the Board of Nursing on the license to practice nursing may apply to the advanced practice registered nurse license, provided the consent order has been accepted by the Committee of the Joint Boards of Nursing and Medicine.
Statutory Authority
§ 54.1-2400 of the Code of Virginia.
Historical Notes
Derived from VR495-02-1 § 5.2, eff. June 22, 1989; amended, Virginia Register Volume 12, Issue 1, eff. November 1, 1995; Volume 23, Issue 12, eff. March 21, 2007; Volume 25, Issue 5, eff. December 25, 2008; Volume 40, Issue 4, eff. November 8, 2023.
18VAC90-30-240. Delegation of proceedings.
A. Decision to delegate. In accordance with subdivision 10 of § 54.1-2400 of the Code of Virginia, the Committee of the Joint Boards of Nursing and Medicine (committee) may delegate an informal fact-finding proceeding to an agency subordinate.
B. Criteria for delegation. Cases that involve intentional or negligent conduct that caused serious injury or harm to a patient may not be delegated to an agency subordinate, except as may be approved by the chair of the committee.
C. Criteria for an agency subordinate.
1. An agency subordinate authorized by the committee to conduct an informal fact-finding proceeding may include current or past board members and professional staff or other persons deemed knowledgeable by virtue of their training and experience in administrative proceedings involving the regulation and discipline of health professionals.
2. The Executive Director of the Board of Nursing shall maintain a list of appropriately qualified persons to whom an informal fact-finding proceeding may be delegated.
3. The committee may delegate to the executive director the selection of the agency subordinate who is deemed appropriately qualified to conduct a proceeding based on the qualifications of the subordinate and the type of case being heard.
Statutory Authority
§ 54.1-2400 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 3, eff. November 29, 2007; amended, Virginia Register Volume 40, Issue 4, eff. November 8, 2023.