2006 Code of Virginia § 54.1-3001 - Exemptions

54.1-3001. Exemptions.

This chapter shall not apply to the following:

1. The furnishing of nursing assistance in an emergency;

2. The practice of nursing, which is prescribed as part of a study program,by nursing students enrolled in nursing education programs approved by theBoard or by graduates of approved nursing education programs for a period notto exceed ninety days following successful completion of the nursingeducation program pending the results of the licensing examination, providedproper application and fee for licensure have been submitted to the Board andunless the graduate fails the licensing examination within the ninety-dayperiod;

3. The practice of any legally qualified nurse of another state who isemployed by the United States government while in the discharge of hisofficial duties;

4. The practice of nursing by a nurse who holds a current unrestrictedlicense in another state, the District of Columbia, a United Statespossession or territory, or who holds a current unrestricted license inCanada and whose training was obtained in a nursing school in Canada whereEnglish was the primary language, for a period of thirty days pendinglicensure in Virginia, if the nurse, upon employment, has furnished theemployer satisfactory evidence of current licensure and submits properapplication and fees to the Board for licensure before, or within ten daysafter, employment. At the discretion of the Board, additional time may beallowed for nurses currently licensed in another state, the District ofColumbia, a United States possession or territory, or Canada who are in theprocess of attaining the qualification for licensure in this Commonwealth;

5. The practice of nursing by any registered nurse who holds a currentunrestricted license in another state, the District of Columbia, or a UnitedStates possession or territory, or a nurse who holds an equivalent credentialin a foreign country, while enrolled in an advanced professional nursingprogram requiring clinical practice. This exemption extends only to clinicalpractice required by the curriculum;

6. The practice of nursing by any nurse who holds a current unrestrictedlicense in another state, the District of Columbia, or a United Statespossession or territory and is employed to provide care to any privateindividual while such private individual is traveling through or temporarilystaying, as defined in the Board's regulations, in the Commonwealth;

7. General care of the sick by nursing assistants, companions or domesticservants that does not constitute the practice of nursing as defined in thischapter;

8. The care of the sick when done solely in connection with the practice ofreligious beliefs by the adherents and which is not held out to the public tobe licensed practical or professional nursing;

9. 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;

10. The practice of nursing by any nurse who is a graduate of a foreignnursing school and has met the credential, language, and academic testingrequirements of the Commission on Graduates of Foreign Nursing Schools for aperiod not to exceed ninety days from the date of approval of an applicationsubmitted to the Board when such nurse is working as a nonsupervisory staffnurse in a licensed nursing home or certified nursing facility. During suchninety-day period, such nurse shall take and pass the licensing examinationto remain eligible to practice nursing in Virginia; no exemption grantedunder this subdivision shall be extended; or

11. The practice of nursing by any nurse rendering free health care to anunderserved population in Virginia who (i) does not regularly practicenursing in Virginia, (ii) holds a current valid license or certification topractice nursing in another state, territory, district or possession of theUnited States, (iii) volunteers to provide free health care to an underservedarea of this Commonwealth under the auspices of a publicly supported allvolunteer, nonprofit organization with no paid employees that sponsors theprovision of health care to populations of underserved people throughout theworld, (iv) files a copy of the license or certification issued in such otherjurisdiction with the Board, (v) notifies the Board at least fifteen daysprior to the voluntary provision of services of the dates and location ofsuch service, and (vi) acknowledges, in writing, that such licensureexemption shall only be valid, in compliance with the Board's regulations,during the limited period that such free health care is made availablethrough the volunteer, nonprofit organization on the dates and at thelocation filed with the Board. The Board may deny the right to practice inVirginia to any nurse whose license or certificate has been previouslysuspended or revoked, who has been convicted of a felony or who is otherwisefound to be in violation of applicable laws or regulations.

(Code 1950, 54-362; 1970, c. 116; 1982, c. 598, 54-367.36; 1988, c. 765;1994, cc. 58, 103; 1996, c. 388; 1999, c. 570; 2001, cc. 244, 251; 2002, cc.713, 740.)