2006 Code of Virginia § 54.1-2901 - Exceptions and exemptions generally

54.1-2901. Exceptions and exemptions generally.

A. The provisions of this chapter shall not prevent or prohibit:

1. Any person entitled to practice his profession under any prior law on June24, 1944, from continuing such practice within the scope of the definition ofhis particular school of practice;

2. Any person licensed to practice naturopathy prior to June 30, 1980, fromcontinuing such practice in accordance with regulations promulgated by theBoard;

3. Any licensed nurse practitioner from rendering care under the supervisionof a duly licensed physician when such services are authorized by regulationspromulgated jointly by the Board of Medicine and the Board of Nursing;

4. Any registered professional nurse, licensed nurse practitioner, graduatelaboratory technician or other technical personnel who have been properlytrained from rendering care or services within the scope of their usualprofessional activities which shall include the taking of blood, the givingof intravenous infusions and intravenous injections, and the insertion oftubes when performed under the orders of a person licensed to practicemedicine;

5. Any dentist, pharmacist or optometrist from rendering care or serviceswithin the scope of his usual professional activities;

6. Any practitioner licensed or certified by the Board from delegating topersonnel supervised by him, such activities or functions as arenondiscretionary and do not require the exercise of professional judgment fortheir performance and which are usually or customarily delegated to suchpersons by practitioners of the healing arts, if such activities or functionsare authorized by and performed for such practitioners of the healing artsand responsibility for such activities or functions is assumed by suchpractitioners of the healing arts;

7. The rendering of medical advice or information through telecommunicationsfrom a physician licensed to practice medicine in Virginia or an adjoiningstate to emergency medical personnel acting in an emergency situation;

8. The domestic administration of family remedies;

9. The giving or use of massages, steam baths, dry heat rooms, infrared heator ultraviolet lamps in public or private health clubs and spas;

10. The manufacture or sale of proprietary medicines in this Commonwealth bylicensed pharmacists or druggists;

11. The advertising or sale of commercial appliances or remedies;

12. The fitting by nonitinerant persons or manufacturers of artificial eyes,limbs or other apparatus or appliances or the fitting of plaster castcounterparts of deformed portions of the body by a nonitinerant bracemaker orprosthetist for the purpose of having a three-dimensional record of thedeformity, when such bracemaker or prosthetist has received a prescriptionfrom a licensed physician directing the fitting of such casts and suchactivities are conducted in conformity with the laws of Virginia;

13. Any person from the rendering of first aid or medical assistance in anemergency in the absence of a person licensed to practice medicine orosteopathy under the provisions of this chapter;

14. The practice of the religious tenets of any church in the ministration tothe sick and suffering by mental or spiritual means without the use of anydrug or material remedy, whether gratuitously or for compensation;

15. Any legally qualified out-of-state or foreign practitioner from meetingin consultation with legally licensed practitioners in this Commonwealth;

16. Any practitioner of the healing arts licensed or certified and in goodstanding with the applicable regulatory agency in another state or Canadawhen that practitioner of the healing arts is in Virginia temporarily andsuch practitioner has been issued a temporary license or certification by theBoard from practicing medicine or the duties of the profession for which heis licensed or certified (i) in a summer camp or in conjunction with patientswho are participating in recreational activities, (ii) while participating incontinuing educational programs prescribed by the Board, or (iii) byrendering at any site any health care services within the limits of hislicense, voluntarily and without compensation, to any patient of any clinicwhich is organized in whole or in part for the delivery of health careservices without charge as provided in 54.1-106;

17. The performance of the duties of any commissioned or contract medicalofficer, or podiatrist in active service in the army, navy, coast guard,marine corps, air force, or public health service of the United States whilesuch individual is so commissioned or serving;

18. Any masseur, who publicly represents himself as such, from performingservices within the scope of his usual professional activities and inconformance with state law;

19. Any person from performing services in the lawful conduct of hisparticular profession or business under state law;

20. Any person from rendering emergency care pursuant to the provisions of 8.01-225;

21. Qualified emergency medical services personnel, when acting within thescope of their certification, and licensed health care practitioners, whenacting within their scope of practice, from following Durable Do NotResuscitate Orders issued in accordance with 54.1-2987.1 and Board ofHealth regulations, or licensed health care practitioners from following anyother written order of a physician not to resuscitate a patient in the eventof cardiac or respiratory arrest;

22. Any commissioned or contract medical officer of the army, navy, coastguard or air force rendering services voluntarily and without compensationwhile deemed to be licensed pursuant to 54.1-106;

23. Any provider of a chemical dependency treatment program who is certifiedas an "acupuncture detoxification specialist" by the National AcupunctureDetoxification Association or an equivalent certifying body, fromadministering auricular acupuncture treatment under the appropriatesupervision of a National Acupuncture Detoxification Association certifiedlicensed physician or licensed acupuncturist;

24. Any employee of any assisted living facility who is certified incardiopulmonary resuscitation (CPR) acting in compliance with the patient'sindividualized service plan and with the written order of the attendingphysician not to resuscitate a patient in the event of cardiac or respiratoryarrest;

25. Any person working as a health assistant under the direction of alicensed medical or osteopathic doctor within the Department of Corrections,the Department of Juvenile Justice or local correctional facilities;

26. Any employee of a school board, authorized by a prescriber and trained inthe administration of insulin and glucagon, when, upon the authorization of aprescriber and the written request of the parents as defined in 22.1-1,assisting with the administration of insulin or administrating glucagon to astudent diagnosed as having diabetes and who requires insulin injectionsduring the school day or for whom glucagon has been prescribed for theemergency treatment of hypoglycemia;

27. Any practitioner of the healing arts or other profession regulated by theBoard from rendering free health care to an underserved population ofVirginia who (i) does not regularly practice his profession in Virginia, (ii)holds a current valid license or certificate to practice his profession inanother state, territory, district or possession of the United States, (iii)volunteers to provide free health care to an underserved area of thisCommonwealth under the auspices of a publicly supported all volunteer,nonprofit organization with no paid employees that sponsors the provision ofhealth care to populations of underserved people throughout the world, (iv)files a copy of the license or certification issued in such otherjurisdiction with the Board, (v) notifies the Board at least 15 days prior tothe voluntary provision of services of the dates and location of suchservice, and (vi) acknowledges, in writing, that such licensure exemptionshall only be valid, in compliance with the Board's regulations, during thelimited period that such free health care is made available through thevolunteer, nonprofit organization on the dates and at the location filed withthe Board. The Board may deny the right to practice in Virginia to anypractitioner of the healing arts whose license or certificate has beenpreviously suspended or revoked, who has been convicted of a felony or who isotherwise found to be in violation of applicable laws or regulations;

28. Any registered nurse, acting as an agent of the Department of Health,from obtaining specimens of sputum or other bodily fluid from persons in whomthe diagnosis of active tuberculosis disease, as defined in 32.1-49.1, issuspected and submitting orders for testing of such specimens to the Divisionof Consolidated Laboratories or other public health laboratories, designatedby the State Health Commissioner, for the purpose of determining the presenceor absence of tubercle bacilli as defined in 32.1-49.1;

29. Any physician of medicine or osteopathy or nurse practitioner fromdelegating to a registered nurse under his supervision the screening andtesting of children for elevated blood-lead levels when such testing isconducted (i) in accordance with a written protocol between the physician ornurse practitioner and the registered nurse and (ii) in compliance with theBoard of Health's regulations promulgated pursuant to 32.1-46.1 and32.1-46.2. Any follow-up testing or treatment shall be conducted at thedirection of a physician or nurse practitioner;

30. Any practitioner of one of the professions regulated by the Board ofMedicine who is in good standing with the applicable regulatory agency inanother state or Canada from engaging in the practice of that profession whenthe practitioner is in Virginia temporarily with an out-of-state athleticteam or athlete for the duration of the athletic tournament, game, or eventin which the team or athlete is competing; or

31. Any licensed nurse practitioner in the category of certified nursemidwife from rendering care in collaboration and consultation with a dulylicensed physician when such services are authorized by regulationspromulgated jointly by the Board of Medicine and the Board of Nursing.

B. Notwithstanding any provision of law or regulation to the contrary, anurse practitioner licensed by the Boards of Nursing and Medicine in thecategory of certified nurse midwife may practice without the requirement forphysician supervision while participating in a pilot program approved by theBoard of Health pursuant to 32.1-11.5.

(Code 1950, 54-273, 54-274, 54-276 through 54-276.6; 1950, pp. 98, 110;1954, c. 556; 1958, c. 161; 1960, c. 268; 1962, cc. 127, 394; 164, c. 317;1966, c. 657; 1970, c. 69; 1973, cc. 105, 514, 529; 1975, cc. 508, 512; 1976,c. 15; 1977, c. 127; 1980, c. 157; 1981, c. 300; 1982, c. 220; 1985, cc. 303,347, 372; 1986, cc. 377, 439; 1987, cc. 522, 543; 1988, c. 765; 1992, cc.412, 414; 1994, c. 787; 1995, cc. 509, 777; 1996, cc. 775, 779, 937, 980;1998, cc. 630, 803, 854; 1999, cc. 570, 814; 2000, cc. 688, 814; 2001, cc.235, 237, 533; 2002, c. 740; 2003, cc. 514, 519, 641; 2005, cc. 113, 926;2006, c. 750.)