Virginia Administrative Code
Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING
Agency 76 - DEPARTMENT OF HEALTH PROFESSIONS
Chapter 10 - REGULATIONS GOVERNING THE HEALTH PRACTITIONERS' MONITORING PROGRAM FOR THE DEPARTMENT OF HEALTH PROFESSIONS
Section 18VAC76-10-40 - Eligibility for stayed disciplinary action

A. The committee or its designee shall consult with the board liaison for the purpose of determining whether disciplinary action shall be stayed. If found ineligible for stayed disciplinary action by the relevant board or the committee, the practitioner may remain eligible for participation in the program. If an applicant for the program is not eligible for a stay and evidence of a violation has been reported to the committee, the committee shall make a report of the violation to the department.

B. Prior to making a decision on stayed disciplinary action, the committee or its designee shall review any applicable notices or orders and shall consult with the relevant board on any pending investigations. The relevant board shall have final authority in the granting of a stay of disciplinary action.

C. Disciplinary action may be initiated by the appropriate health regulatory board upon receipt of investigative information leading to a determination of probable cause that impairment constitutes a danger to patients or clients or upon a determination that the decision for stayed disciplinary action is not consistent with provisions for a stay pursuant to § 54.1-2516 C of the Code of Virginia.