Section 790. Sanctions  


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  • A license, certificate, or registration shall not be sanctioned unless a majority of the eligible voting members of the entire board vote for the action. The board may discipline or sanction any regulant if the board finds that:

    1. The regulant failed to maintain good moral character pursuant to the definition in 18VAC10-20-10;

    2. The license, certification, or registration was obtained or renewed through fraud or misrepresentation;

    3. The regulant has been found guilty by the board, or by a court of competent jurisdiction, of any material misrepresentation in the course of professional practice, or has been convicted, pleaded guilty or has been found guilty, regardless of adjudication or deferred adjudication, of any felony or misdemeanor that, in the judgment of the board, adversely affects the regulant's ability to perform satisfactorily within the regulated discipline. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. The board shall review the conviction pursuant to the provisions of § 54.1-204 of the Code of Virginia;

    4. The regulant is guilty of professional incompetence, negligence, or gross negligence;

    5. The regulant has abused drugs or alcohol to the extent that professional competence is adversely affected;

    6. The regulant fails to comply, or misrepresents any information pertaining to their compliance, with any of the continuing education requirements as contained in this chapter;

    7. The regulant violates any standard of practice and conduct as defined in this chapter; or

    8. The regulant violates or induces others to violate any provision of Chapters 7 (§ 13.1-542.1 et seq.) and 13 (§ 13.1-1100 et seq.) of Title 13.1 or Chapters 1 (§ 54.1-100 et seq.) through 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia, or any other statute applicable to the practice of the professions regulated by this chapter.

Historical Notes

Derived from VR130-01-2 § 12.11, eff. October 18, 1985; amended, Volume 04, Issue 08, eff. March 1, 1988; Volume 06, Issue 20, eff. September 1, 1990; Volume 07, Issue 14, eff. May 8, 1991; Volume 08, Issue 07, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 03, eff. December 1, 1999; Volume 23, Issue 01, eff. February 1, 2007; Volume 25, Issue 12, eff. April 1, 2009; Volume 32, Issue 06, eff. January 1, 2016.

Statutory Authority

§§ 54.1-201 and 54.1-404 of the Code of Virginia.