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Virginia Administrative Code (Last Updated: January 10, 2017) |
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Title 18. Professional and Occupational Licensing |
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Agency 90. Board of Nursing |
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Chapter 20. Regulations Governing the Practice of Nursing |
Section 131. Denying or withdrawing initial program approval
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A. Denial of initial program approval.
1. Initial approval may be denied for causes enumerated in 18VAC90-20-132.
2. If the initial approval is denied:
a. The program shall be given an option of correcting the deficiencies cited by the board during the time remaining in its initial 12-month period following receipt of the application.
b. No further action regarding the application shall be required of the board unless the program requests, within 30 days of the mailing of the decision, an informal conference pursuant to §§ 2.2-4019 and 54.1-109 of the Code of Virginia.
3. If denial is recommended following the informal conference, the recommendation shall be presented to the board or a panel thereof for review and action.
4. If the recommendation of the informal conference committee to deny initial approval is accepted by the board or a panel thereof, the decision shall be reflected in a board order and no further action by the board is required. The program may request a formal hearing within 30 days from entry of the order, in accordance with § 2.2-4020 of the Code of Virginia.
5. If the decision of the board or a panel thereof, following a formal hearing, is to deny initial approval, the program shall be advised of the right to appeal the decision to the appropriate circuit court in accordance with § 2.2-4026 of the Code of Virginia and Part 2A of the Rules of the Supreme Court of Virginia.
B. Withdrawal of initial program approval.
1. Initial approval shall be withdrawn and the program closed if:
a. The program has not admitted students within six months of approval of its application;
b. The program fails to submit evidence of progression toward full program approval; or
c. For any of the causes enumerated in 18VAC90-20-132.
2. If a decision is made to withdraw initial approval, no further action shall be required by the board unless the program, within 30 days of the mailing of the decision, requests an informal conference pursuant to §§ 2.2-4019 and 54.1-109 of the Code of Virginia.
3. If withdrawal of initial approval is recommended following the informal conference, the recommendation shall be presented to the board or a panel thereof for review and action.
4. If the recommendation of the informal conference committee to withdraw initial approval is accepted by the board or a panel thereof, the decision shall be reflected in a board order and no further action by the board is required unless the program requests a formal hearing within 30 days from entry of the order, in accordance with § 2.2-4020 of the Code of Virginia.
5. If the decision of the board or a panel thereof following a formal hearing is to withdraw initial approval, the program shall be advised of the right to appeal the decision to the appropriate circuit court in accordance with § 2.2-4026 of the Code of Virginia and Part 2A of the Rules of the Supreme Court of Virginia.
Historical Notes
Derived from Volume 32, Issue 04, eff. November 18, 2015.