2006 Code of Virginia § 54.1-2409 - Mandatory suspension or revocation; reinstatement; hearing for reinstatement

54.1-2409. Mandatory suspension or revocation; reinstatement; hearing forreinstatement.

A. Upon receipt of documentation by a court or agency, state or federal, thata person licensed, certified, or registered by a board within the Departmentof Health Professions has had his license, certificate, or registration topractice the same profession or occupation revoked or suspended in anotherjurisdiction and has not had his license, certificate, or registration to sopractice reinstated within that jurisdiction, or has been convicted of afelony or has been adjudged incapacitated, the Director of the Departmentshall immediately suspend, without a hearing, the license, certificate, orregistration of any person so disciplined, convicted or adjudged. TheDirector shall notify such person or his legal guardian, conservator,trustee, committee, or other representative of the suspension in writing tohis address on record with the Department. Such notice shall include a copyof the documentation from such court or agency, certified by the Director asthe documentation received from such court or agency. Such person shall nothave the right to practice within this Commonwealth until his license,certificate, or registration has been reinstated by the Board.

B. The clerk of any court in which a conviction of a felony or anadjudication of incapacity is made, who has knowledge that a person licensed,certified, or registered by a board within the Department has been convictedor found incapacitated, shall have a duty to report these findings promptlyto the Director.

C. When a conviction has not become final, the Director may decline tosuspend the license, certificate, or registration until the convictionbecomes final if there is a likelihood of injury or damage to the public ifthe person's services are not available.

D. Any person whose license, certificate, or registration has been suspendedas provided in this section may apply to the board for reinstatement of hislicense, certificate, or registration. Such person shall be entitled to ahearing not later than the next regular meeting of the board after theexpiration of 60 days from the receipt of such application, and shall havethe right to be represented by counsel and to summon witnesses to testify inhis behalf. The Board may consider other information concerning possibleviolations of Virginia law at such hearing, if reasonable notice is given tosuch person of the information.

The reinstatement of the applicant's license, certificate, or registrationshall require the affirmative vote of three-fourths of the members of theboard at the hearing. The board may order such reinstatement without furtherexamination of the applicant, or reinstate the license, certificate, orregistration upon such terms and conditions as it deems appropriate.

E. Pursuant to the authority of the Board of Nursing provided in Chapter 30( 54.1-3000 et seq.) of this title, the provisions of this section shallapply, mutatis mutandis, to persons holding a multistate licensure privilegeto practice nursing.

(1993, c. 991; 1997, c. 801; 2002, c. 455; 2004, c. 49; 2006, c. 367.)