2006 Code of Virginia § 54.1-111 - Unlawful acts; prosecution; proceedings in equity; civil penalty

54.1-111. Unlawful acts; prosecution; proceedings in equity; civil penalty.

A. It shall be unlawful for any person, partnership, corporation or otherentity to engage in any of the following acts:

1. Practicing a profession or occupation without holding a valid license asrequired by statute or regulation.

2. Making use of any designation provided by statute or regulation to denotea standard of professional or occupational competence without being dulycertified or licensed.

3. Making use of any titles, words, letters or abbreviations which mayreasonably be confused with a designation provided by statute or regulationto denote a standard of professional or occupational competence without beingduly certified or licensed.

4. Performing any act or function which is restricted by statute orregulation to persons holding a professional or occupational license orcertification, without being duly certified or licensed.

5. Failing to register as a practitioner of a profession or occupation asrequired by statute or regulation.

6. Materially misrepresenting facts in an application for licensure,certification or registration.

7. Willfully refusing to furnish a regulatory board information or recordsrequired or requested pursuant to statute or regulation.

8. Violating any statute or regulation governing the practice of anyprofession or occupation regulated pursuant to this title.

9. Refusing to process a request, tendered in accordance with the regulationsof the relevant health regulatory board or applicable statutory law, forpatient records or prescription dispensing records after the closing of abusiness or professional practice or the transfer of ownership of a businessor professional practice.

Any person who willfully engages in any unlawful act enumerated in thissection shall be guilty of a Class 1 misdemeanor. The third or any subsequentconviction for violating this section during a 36-month period shallconstitute a Class 6 felony. In addition, any person convicted of anyunlawful act enumerated in subdivision 1 through 8 of this subsection, forconduct that is within the purview of any regulatory board within theDepartment of Professional and Occupational Regulation, may be ordered by thecourt to pay restitution in accordance with 19.2-305 through 19.2-305.4.

B. In addition to the criminal penalties provided for in subsection A, theDepartment of Professional and Occupational Regulation or the Department ofHealth Professions, without compliance with the Administrative Process Act (2.2-4000 et seq.), shall have the authority to enforce the provisions ofsubsection A and may institute proceedings in equity to enjoin any person,partnership, corporation or any other entity from engaging in any unlawfulact enumerated in this section and to recover a civil penalty of at least$200 but not more than $5,000 per violation, with each unlawful actconstituting a separate violation; but in no event shall the civil penaltiesagainst any one person, partnership, corporation or other entity exceed$25,000 per year. Such proceedings shall be brought in the name of theCommonwealth by the appropriate Department in the circuit court or generaldistrict court of the city or county in which the unlawful act occurred or inwhich the defendant resides.

C. This section shall not be construed to prohibit or prevent the owner ofpatient records from (i) retaining copies of his patient records orprescription dispensing records after the closing of a business orprofessional practice or the transfer of ownership of a business orprofessional practice or (ii) charging a reasonable fee, in accordance withsubsections A and B of 8.01-413 or subsection J of 32.1-127.1:03, forcopies of patient records, as applicable under the circumstances.

D. This section shall apply, mutatis mutandis, to all persons holding amultistate licensure privilege to practice nursing in the Commonwealth ofVirginia.

(1979, c. 408, 54-1.20; 1988, c. 765; 1993, cc. 129, 499; 1998, c. 470;2001, c. 544; 2003, cc. 753, 762; 2004, c. 49; 2005, cc. 398, 642, 697.)