Section 140. Discipline

Part V. Standards of Practice

The board has the power to discipline and fine any licensee, interim licensee, or provisional licensee and to suspend or revoke or refuse to renew or reinstate any license, interim license, or provisional license as well as the power to deny any application for a license, interim license, or provisional license under the provisions of Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia and this chapter for any of the following:

1. Obtaining, renewing, or attempting to obtain or renew a license, interim license, or provisional license through fraudulent means or misrepresentation;

2. Having been convicted or found guilty by a court in any jurisdiction of any felony or of any misdemeanor involving lying, cheating or stealing; or for activities related to the performance of the licensee's or interim licensee's duties, there being no appeal pending therefrom or the time for appeal having lapsed. Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. A certified copy of a final order, decree or case decision by a court or regulatory agency with the lawful authority to issue such order, decree or case decision shall be prima facie evidence of such conviction or discipline. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such guilt;

3. Not demonstrating reasonable care, judgment, or application of the required knowledge, skill and ability in the performance of the licensee's or interim licensee's duties;

4. Violating or inducing another person to violate any provisions of Chapter 1, 2, 3 or 23 of Title 54.1 of the Code of Virginia, the provisions of any other relevant Virginia or federal regulation, or of any provision of this chapter;

5. Having been found guilty by the board, an administrative body or by a court of any activity related to the performance of the licensee's or interim licensee's duties that resulted in the harm or the threat of harm to human health or the environment;

6. Failing to inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty, regardless of adjudication, of any felony which resulted in the harm or the threat of harm to human health or the environment. Failing to inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted of or found guilty, regardless of adjudication, of any felony or of any misdemeanor related to the performance of the licensee's or interim licensee's duties or involving lying, cheating or stealing;

7. Negligence or a continued pattern of incompetence in the practice of a licensee or interim licensee; or

8. Having undertaken to perform or performed a professional assignment that the licensee or interim licensee is not qualified to perform by education, experience, or both.

Historical Notes

Derived from Volume 17, Issue 09, eff. February 15, 2001; amended, Virginia Register Volume 23, Issue 01, eff. December 1, 2006; Volume 25, Issue 19, eff. July 1, 2009; Volume 26, Issue 06, eff. January 1, 2010.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.