Section 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 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. If found ineligible for stayed disciplinary action by the relevant board or the committee, the practitioner may remain eligible for participation in the program.

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.

Historical Notes

Derived from Volume 13, Issue 22, eff. July 1, 1997; amended, Virginia Register Volume 25, Issue 23, eff. July 1, 2009; Volume 33, Issue 04, eff. November 16, 2016.

Statutory Authority

§ 54.1-2516 of the Code of Virginia.