78214654.1-2400Virginia Decodedhttps://vacode.org2016Professions And OccupationsProfessions And Occupations Regulated By Boards Within The Department Of Health ProfessionsGeneral ProvisionsGeneral powers and duties of health regulatory boards1988, c. 765; 1992, cc. 659, 890; 1997, cc. 439, 564; 1998, c. 469; 2002, cc. 455, 698; 2003, cc. 753, 762; 2004, cc. 49, 64; 2009, cc. 472, 534; 2010, c. 414; 2014, c. 426; 2016, c. 82.The general powers and duties of health regulatory boards shall be:section1 To establish the qualifications for registration, certification, licensure or the issuance of a multistate licensure privilege in accordance with the applicable law which are necessary to ensure competence and integrity to engage in the regulated professions.section112 To examine or cause to be examined applicants for certification or licensure. Unless otherwise required by law, examinations shall be administered in writing or shall be a demonstration of manual skills.section222 To register, certify, license or issue a multistate licensure privilege to qualified applicants as practitioners of the particular profession or professions regulated by such board.section332 To establish schedules for renewals of registration, certification, licensure, and the issuance of a multistate licensure privilege.section442 To levy and collect fees for application processing, examination, registration, certification or licensure or the issuance of a multistate licensure privilege and renewal that are sufficient to cover all expenses for the administration and operation of the Department of Health Professions, the Board of Health Professions and the health regulatory boards.section552 To promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) which are reasonable and necessary to administer effectively the regulatory system. Such regulations shall not conflict with the purposes and intent of this chapter or of Chapter 1 (§ 54.1-100 et seq.) and Chapter 25 (§ 54.1-2500 et seq.) of this title.section662 To promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) that are reasonable and necessary to administer effectively the regulatory system, which shall include provisions for the satisfaction of board-required continuing education for individuals registered, certified, licensed, or issued a multistate licensure privilege by a health regulatory board through delivery of health care services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those health services. Such regulations shall not conflict with the purposes and intent of this chapter or of Chapter 1 (§ 54.1-100 et seq.) and Chapter 25 (§ 54.1-2500 et seq.).section662 To revoke, suspend, restrict, or refuse to issue or renew a registration, certificate, license or multistate licensure privilege which such board has authority to issue for causes enumerated in applicable law and regulations.section772 To take appropriate disciplinary action for violations of applicable law and regulations, and to accept, in their discretion, the surrender of a license, certificate, registration or multistate licensure privilege in lieu of disciplinary action.section992 To appoint a special conference committee, composed of not less than two members of a health regulatory board or, when required for special conference committees of the Board of Medicine, not less than two members of the Board and one member of the relevant advisory board, or, when required for special conference committees of the Board of Nursing, not less than one member of the Board and one member of the relevant advisory board, to act in accordance with § 2.2-4019 upon receipt of information that a practitioner or permit holder of the appropriate board may be subject to disciplinary action or to consider an application for a license, certification, registration, permit or multistate licensure privilege in nursing. The special conference committee may (i) exonerate; (ii) reinstate; (iii) place the practitioner or permit holder on probation with such terms as it may deem appropriate; (iv) reprimand; (v) modify a previous order; (vi) impose a monetary penalty pursuant to § 54.1-2401, (vii) deny or grant an application for licensure, certification, registration, permit, or multistate licensure privilege; and (viii) issue a restricted license, certification, registration, permit or multistate licensure privilege subject to terms and conditions. The order of the special conference committee shall become final 30 days after service of the order unless a written request to the board for a hearing is received within such time. If service of the decision to a party is accomplished by mail, three days shall be added to the 30-day period. Upon receiving a timely written request for a hearing, the board or a panel of the board shall then proceed with a hearing as provided in § 2.2-4020, and the action of the committee shall be vacated. This subdivision shall not be construed to limit the authority of a board to delegate to an appropriately qualified agency subordinate, as defined in § 2.2-4001, the authority to conduct informal fact-finding proceedings in accordance with § 2.2-4019, upon receipt of information that a practitioner may be subject to a disciplinary action. The recommendation of such subordinate may be considered by a panel consisting of at least five board members, or, if a quorum of the board is less than five members, consisting of a quorum of the members, convened for the purpose of issuing a case decision. Criteria for the appointment of an agency subordinate shall be set forth in regulations adopted by the board.section10102 To convene, at their discretion, a panel consisting of at least five board members or, if a quorum of the board is less than five members, consisting of a quorum of the members to conduct formal proceedings pursuant to § 2.2-4020, decide the case, and issue a final agency case decision. Any decision rendered by majority vote of such panel shall have the same effect as if made by the full board and shall be subject to court review in accordance with the Administrative Process Act. No member who participates in an informal proceeding conducted in accordance with § 2.2-4019 shall serve on a panel conducting formal proceedings pursuant to § 2.2-4020 to consider the same matter.section11112 To issue inactive licenses or certificates and promulgate regulations to carry out such purpose. Such regulations shall include, but not be limited to, the qualifications, renewal fees, and conditions for reactivation of licenses or certificates.section12122 To meet by telephone conference call to consider settlement proposals in matters pending before special conference committees convened pursuant to this section, or matters referred for formal proceedings pursuant to § 2.2-4020 to a health regulatory board or a panel of the board or to consider modifications of previously issued board orders when such considerations have been requested by either of the parties.section13132Last v. Virginia State Bd. of MedicineRecord No. 1019-91-4421 S.E.2d 2011992-07-28https://www.courtlistener.com/opinion/1287394/last-v-virginia-state-bd-of-medicine/ . . . regulations pursuant to the authority granted by Code § 54.1-2400 for the administration of the . . . <abbr title="Court of Appeals">COA</abbr>Doe v. Virginia Bd. of Dentistry2780061662 S.E.2d 992008-06-17https://www.courtlistener.com/opinion/1062748/doe-v-virginia-bd-of-dentistry/ . . . hearing before the Board, pursuant to Code § 54.1-2400(10). . . . <abbr title="Court of Appeals">COA</abbr>Doe v. VIRGINIA BD. OF DENTISTRYRecord No. 2780-06-1652 S.E.2d 7942007-11-20https://www.courtlistener.com/opinion/1386833/doe-v-virginia-bd-of-dentistry/ . . . hearing before the Board, pursuant to Code § 54.1-2400(10). . . . <abbr title="Court of Appeals">COA</abbr>Fitzgerald v. Com.0572053630 S.E.2d 3372006-06-06https://www.courtlistener.com/opinion/1063221/fitzgerald-v-com/ . . . counseling as defined in § 54.1-3500," Code § 54.1-2400.1, and "a person trained in counseling . . . <abbr title="Court of Appeals">COA</abbr>Conley v. Com.060120643 S.E.2d 1312007-04-20https://www.courtlistener.com/opinion/1058678/conley-v-com/ . . . regulate the practice of social work"); Code § 54.1-2400(3)(including among the general powers and . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Fitzgerald v. Com.061361643 S.E.2d 1622007-04-20https://www.courtlistener.com/opinion/1058677/fitzgerald-v-com/ . . . the profession. See Code § 54.1-3503; Code § 54.1-2400(3). Furthermore, Code § 54.1-3506 . . . <abbr title="Supreme Court of Virginia">SCV</abbr>McConaghy v. RLI Ins. Co.Civ. A. No. 94-1652-A882 F. Supp. 5401995-04-18https://www.courtlistener.com/opinion/1603694/mcconaghy-v-rli-ins-co/ . . . Counseling (which are authorized under Va.Code § 54.1-2400(6)), state that "[e]ngaging in sexual . . . District Court, E.D. VirginiaBlevins v. Sheshadri2:02 CV 00043313 F. Supp. 2d 5982004-04-15https://www.courtlistener.com/opinion/2580676/blevins-v-sheshadri/ . . . pursuant to authority granted by Va.Code Ann. §§ 54.1-2400, -2957 (Michie 2002 & Supp.2003)). . . . District Court, W.D. Virginiahttp://law.lis.virginia.gov/vacode/54.1-2400//54.1-2400/54.1/III/24/54.1-24002.2-402432.1-138.853.1-133.0354.1-10554.1-10954.1-11054.1-2408.154.1-2409.354.1-251654.1-2912.154.1-2912.154.1-3011.154.1-3300.154.1-3434.354.1-347554.1-350554.1-370554.1-3804