§ 54.1-2917. Mandatory suspension or revocation by Board; reinstatement; appeal
Upon receipt of documentation from any court or agency, state or federal, that any person licensed to practice any of the healing arts in this Commonwealth has had his certificate or license to practice a branch of the healing arts revoked or suspended, and has not had his certificate or license to so practice reinstated, in another state, the District of Columbia, a United States possession or territory, or a foreign jurisdiction or has been convicted of a felony or has been adjudged legally incompetent or incapacitated, the Board shall immediately suspend or revoke, without a hearing, the certificate or license of any person so disciplined, convicted or adjudged. The Board shall notify such person or his legal guardian, conservator, trustee, committee or other representative of the suspension or revocation, in writing. Such notice shall include a copy of the documentation from such court or agency, certified by the Executive Director as the documentation received from such court or agency. Such person shall not have the right to practice within this Commonwealth until his certificate or license has been reinstated by the Board.
The clerk of any court in which a conviction of a felony or an adjudication of incompetence or incapacity is made, who has knowledge that a practitioner of the healing arts has been convicted or found to be incapacitated or incompetent, shall have a duty to report these findings promptly to the Board.
When a conviction has not become final, the Board may decline to suspend or revoke the certificate or license until the conviction becomes final after considering the likelihood of irreparable damage to the practitioner if his certificate or license should be suspended or revoked during the pendency of an ultimately successful appeal, the likelihood of injury or damage to patients or the public if the license or certificate is not suspended or revoked, and the seriousness of the offense.
Any person whose certificate or license has been suspended or revoked as provided in this section may apply to the Board for reinstatement of his certificate or license. Such person shall be entitled to a hearing not later than the next regular meeting of the Board after the expiration of thirty days from the receipt of such application, and shall have the right to be represented by counsel and to summon witnesses to testify in his behalf. The Board may consider other information concerning possible violations of Virginia law at such hearing, if reasonable notice is given to such person of the information.
The Board may employ a stenographer and summon witnesses. The reinstatement of the applicant's certificate or license shall require the affirmative vote of three-fourths of the members at the hearing. The Board may order the reinstatement without further examination. The proceedings at the hearing shall be recorded formally and shall be certified by the president of the Board or his designee.
(1958, c. 461, § 54-321.2; 1975, c. 508; 1978, c. 465; 1979, c. 727; 1986, c. 434; 1988, c. 765; 1992, c. 659; 1993, c. 991; 1997, c. 801; 2002, c. 455.)
Sections: Previous 54.1-2912.2 54.1-2912.3 54.1-2913 54.1-2913.1 54.1-2914 54.1-2915 54.1-2916 54.1-2917 54.1-2918 54.1-2919 54.1-2920 54.1-2921 54.1-2922 54.1-2923.1 54.1-2924 NextLast modified: April 3, 2009