Administrative Code

Virginia Administrative Code
12/4/2021

Part II. Approval for Prescriptive Authority

18VAC90-40-30. Authority to prescribe, general.

A. No licensed nurse practitioner shall have authority to prescribe certain controlled substances and devices in the Commonwealth of Virginia except in accordance with this chapter and as authorized by the boards.

B. The boards shall approve prescriptive authority for applicants who meet the qualifications set forth in 18VAC90-40-40 of this chapter.

Statutory Authority

§§ 54.1-2400 and 54.1-2957.01 of the Code of Virginia.

Historical Notes

Derived from VR495-03-1 and VR465-12-1 § 2.1, eff. August 15, 1992.

18VAC90-40-40. Qualifications for initial approval of prescriptive authority.

An applicant for prescriptive authority shall meet the following requirements:

1. Hold a current, unrestricted license as a nurse practitioner in the Commonwealth of Virginia;

2. Provide evidence of one of the following:

a. Continued professional certification as required for initial licensure as a nurse practitioner;

b. Satisfactory completion of a graduate level course in pharmacology or pharmacotherapeutics obtained as part of the nurse practitioner education program within the five years prior to submission of the application;

c. Practice as a nurse practitioner for no less than 1000 hours and 15 continuing education units related to the area of practice for each of the two years immediately prior to submission of the application; or

d. Thirty contact hours of education in pharmacology or pharmacotherapeutics acceptable to the boards taken within five years prior to submission of the application. The 30 contact hours may be obtained in a formal academic setting as a discrete offering or as noncredit continuing education offerings and shall include the following course content:

(1) Applicable federal and state laws;

(2) Prescription writing;

(3) Drug selection, dosage, and route;

(4) Drug interactions;

(5) Information resources; and

(6) Clinical application of pharmacology related to specific scope of practice.

3. Develop a practice agreement between the nurse practitioner and the patient care team physician as required in 18VAC90-40-90; and

4. File a completed application and pay the fees as required in 18VAC90-40-70.

Statutory Authority

§§ 54.1-2400 and 54.1-2957.01 of the Code of Virginia.

Historical Notes

Derived from VR495-03-1 and VR465-12-1 § 2.2, eff. August 15, 1992; amended, Virginia Register Volume 25, Issue 5, eff. December 25, 2008; Volume 31, Issue 21, eff. July 15, 2015.

18VAC90-40-50. (Repealed.)

Historical Notes

Derived from VR495-03-1 and VR465-12-1 § 2.3, eff. August 15, 1992; amended, Virginia Register Volume 13, Issue 20, eff. July 23, 1997; Volume 18, Issue 15, eff. May 8, 2002; Volume 25, Issue 5, eff. December 25, 2008; repealed, Virginia Register Volume 36, Issue 12, eff. March 4, 2020.

18VAC90-40-55. Continuing competency requirements.

A. A licensee with prescriptive authority shall meet continuing competency requirements for biennial renewal as a licensed nurse practitioner. Such requirements shall address issues such as ethical practice, an appropriate standard of care, patient safety, and appropriate communication with patients.

B. A nurse practitioner with prescriptive authority shall obtain a total of eight hours of continuing education in pharmacology or pharmacotherapeutics for each biennium in addition to the minimal requirements for compliance with subsection B of 18VAC90-30-105.

C. The nurse practitioner with prescriptive authority shall retain evidence of compliance and all supporting documentation for a period of four years following the renewal period for which the records apply.

D. The boards shall periodically conduct a random audit of their licensees to determine compliance. The nurse practitioners selected for the audit shall provide the evidence of compliance and supporting documentation within 30 days of receiving notification of the audit.

E. The boards may delegate to the committee the authority to grant an extension or 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.

Statutory Authority

§§ 54.1-2400 and 54.1-2957.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 15, eff. May 8, 2002; amended, Virginia Register Volume 25, Issue 5, eff. December 25, 2008; Volume 36, Issue 12, eff. March 4, 2020.

18VAC90-40-60. (Repealed.)

Historical Notes

Derived from VR495-03-1 and VR465-12-1 § 2.4, eff. August 15, 1992; amended, Virginia Register Volume 17, Issue 13, eff. April 11, 2001; Volume 18, Issue 15, eff. May 8, 2002; Volume 25, Issue 5, eff. December 25, 2008; Volume 31, Issue 21, eff. July 15, 2015; repealed, Virginia Register Volume 36, Issue 12, eff. March 4, 2020.

18VAC90-40-70. Fees for prescriptive authority.

The following fees have been established by the boards:

1. Initial issuance of prescriptive authority

$35

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

$50

Statutory Authority

§§ 54.1-2400 and 54.1-2957.1 of the Code of Virginia.

Historical Notes

Derived from VR495-03-1 and VR465-12-1 § 2.5, eff. August 15, 1992; amended, Virginia Register Volume 17, Issue 13, eff. April 11, 2001; Volume 22, Issue 12, eff. March 22, 2006; Volume 27, Issue 20, eff. July 6, 2011; Volume 33, Issue 18, eff. May 31, 2017; Volume 36, Issue 11, eff. March 5, 2020; Volume 36, Issue 12, eff. March 4, 2020.

18VAC90-40-80. (Repealed.)

Historical Notes

Derived from VR495-03-1 and VR465-12-1 § 3.1, eff. August 15, 1992; repealed, Virginia Register Volume 16, Issue 21, eff. August 2, 2000.

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