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 Virginia Administrative Code (Last Updated: January 10, 2017)
 Title 18. Professional and Occupational Licensing
 Agency 90. Board of Nursing
 Chapter 20. Regulations Governing the Practice of Nursing

  Section 134. Denying full program approval  

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  • A. Denial of full program approval may occur for causes enumerated in 18VAC90-20-132.

    B. If full program approval is denied, the board shall also be authorized to do one of the following:

    1. The board may continue the program on initial program approval with terms and conditions to be met within the time frame specified by the board; or

    2. The board may withdraw initial program approval.

    C. If the board takes one of the actions specified in subsection B of this section, the following shall apply:

    1. No further action will be required of 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.

    2. If continued initial program approval with terms and conditions or 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.

    3. If the recommendation of the informal conference committee 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 regarding the application is required. The program may request a formal hearing within 30 days from entry of the order, in accordance with § 2.2-4020 and subdivision 11 of § 54.1-2400 of the Code of Virginia.

    4. If the decision of the board or a panel thereof following a formal hearing is to deny full and/or withdraw or continue on initial approval with terms or conditions, 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.

    D. If a program is denied full approval and initial approval withdrawn, no additional students may be accepted into the program, effective upon the date of entry of the board's final order to deny or withdraw approval. Further, the program shall submit quarterly reports until the program is closed, and the program shall comply with board requirements regarding closure of a program as stated in 18VAC90-20-170.

Historical Notes

Derived from Volume 32, Issue 04, eff. November 18, 2015.

Statutory Authority

§§ 54.1-2400 and 54.1-3005 of the Code of Virginia.