2006 Code of Virginia § 54.1-2400.5 - Suspension of license, certificate, registration or other authorization issued by a health regulato...

54.1-2400.5. Suspension of license, certificate, registration or otherauthorization issued by a health regulatory board upon delinquency;procedure; reinstatement.

A. An obligee may notify an obligor who is alleged to be in default ordelinquent in the payment of a federal- or state-guaranteed educational loanor work-conditional scholarship or work-conditional grant that (i) theobligor has 30 days from the date of receipt of the notice to pay the allegeddelinquency or to reach an agreement with the obligee to pay such delinquencyand (ii) if payment is not made or an agreement cannot be reached within thattime, a petition will be filed by the obligee seeking suspension of anylicense, certificate, registration or other authorization to engage in abusiness, trade, profession or occupation issued to the obligor by a healthregulatory board within the Department of Health Professions pursuant to thistitle. The notice shall be sent by certified mail, with proof of actualreceipt required.

B. Upon the expiration of 30 days' notice to an obligor who is alleged to bein default or delinquent in the payment of a federal- or state-guaranteededucational loan or work-conditional scholarship, an obligee may petition thecircuit court in the jurisdiction in which the obligor resides for an ordersuspending any license, certificate, registration or other authorization toengage in a business, trade, profession or occupation issued to the obligorby any health regulatory board within the Department of Health Professionspursuant to this title.

C. The court shall not suspend a license, certificate, registration orauthorization upon finding that an alternate remedy is available to theobligee that is likely to result in collection of the delinquency. Further,the court may refuse to order the suspension upon finding that (i) suspensionwould result in irreparable harm to the obligor or employees of the obligoror would not result in collection of the delinquency or (ii) the obligor hasmade a good-faith effort to reach an agreement with the obligee.

D. If the court finds that (i) none of the conditions provided in subsectionC apply, (ii) the obligor is delinquent in the payment of a federal- orstate-guaranteed educational loan or work-conditional scholarship, and (iii)he holds a license, certificate, registration or other authority to engage ina business, trade, profession or occupation issued by any health regulatoryboard within the Department of Health Professions pursuant to this title, itshall order suspension of such license, certificate, registration orauthority and shall provide a copy of such order to the relevant healthregulatory board within the Department of Health Professions.

Any court order for suspension issued pursuant to this section shall requirethe obligor to surrender any license, certificate, registration or other suchauthorization to the relevant health regulatory board within 90 days of thedate on which the order is entered.

E. If, at any time after entry of the court order for suspension pursuant tosubsection D, the obligor (i) pays the delinquency or (ii) reaches anagreement with the obligee to pay the delinquency and makes at least onepayment pursuant to the agreement, then, upon proof of the payment oragreement to pay and at least one payment, the court shall rescind the orderand, if the obligor has surrendered any license, certificate, registration orother such authorization, shall order reinstatement of the suspendedcredential. Such payment shall be proved by notarized statement of paymentsigned by the obligee.

F. No fee shall be charged by any health regulatory board to a person whoobtains reinstatement of a license, certificate, registration orauthorization pursuant to this section.

G. The procedure set forth in this section shall be in addition to and not inlieu of any existing or future remedies available to an obligee to collect adelinquent debt from an obligor alleged to be delinquent.

(2003, c. 975.)