Nursing Regs in Virginia

Nursing is a profession focused on assisting individuals, families, and communities in attaining, re-attaining, and maintaining optimal health and functioning. Modern definitions of nursing define it as a science and an art that focuses on promoting quality of life as defined by persons and families, throughout their life experiences from birth to care at the end of life.

The Florence Nightingale Pledge

I solemnly pledge myself before God and presence of this assembly;
To pass my life in purity and to practice my profession faithfully.
I will abstain from whatever is deleterious and mischievous
and will not take or knowingly administer any harmful drug.
I will do all in my power to maintain and elevate the standard of my profession
and will hold in confidence all personal matters committed to my keeping
and family affairs coming to my knowledge in the practice of my calling.
With loyalty will I endeavor to aid the physician in his work,
and devote myself to the welfare of those committed to my care.

Nursing Abbreviations

Below, you'll find Nursing practice and regulation acts from the state of Virginia (commonwealth of virginia).  Also included are

Nursing. Article 1: Board of Nursing. 54.1-3000. Definitions.

As used in this chapter, unless the context requires a different meaning:

54.1-3001. Exemptions.

This chapter shall not apply to the following:

  1. The furnishing of nursing assistance in an emergency;
  2. The practice of nursing, which is prescribed as part of a study program, by nursing students enrolled in nursing education programs approved by the Board or by graduates of approved nursing education programs for a period not to exceed ninety days following successful completion of the nursing education program pending the results of the licensing examination, provided proper application and fee for licensure have been submitted to the Board and unless the graduate fails the licensing examination within the ninety-day period;
  3. The practice of any legally qualified nurse of another state who is employed by the United States government while in the discharge of his official duties;
  4. The practice of nursing by a nurse who holds a current unrestricted license in another state, the District of Columbia or a United States possession or territory for a period of thirty days pending licensure in Virginia, if the nurse, upon employment, has furnished the employer satisfactory evidence of current licensure and submits proper application and fees to the Board for licensure before, or within ten days after, employment. At the discretion of the Board, additional time may be allowed for nurses currently licensed in another state, the District of Columbia or a United States possession or territory who are in the process of attaining the qualification for licensure in this Commonwealth;
  5. The practice of nursing by any registered nurse who holds a current unrestricted license in another state, the District of Columbia, or a United States possession or territory, or a nurse who holds an equivalent credential in a foreign country, while enrolled in an advanced professional nursing program requiring clinical practice. This exemption extends only to clinical practice required by the curriculum;
  6. The practice of nursing by any nurse who holds a current unrestricted license in another state, the District of Columbia, or a United States possession or territory and is employed to provide care to any private individual while such private individual is traveling through or temporarily staying, as defined in the Board's regulations, in the Commonwealth;
  7. General care of the sick by nursing assistants, companions or domestic servants that does not constitute the practice of nursing as defined in this chapter; and
  8. The care of the sick when done solely in connection with the practice of religious beliefs by the adherents and which is not held out to the public to be licensed practical or professional nursing.

54.1-3002. Board of Nursing; membership; terms; meetings; quorum; administrative officer.

The Board of Nursing shall consist of thirteen members as follows: seven registered nurses, three licensed practical nurses and three citizen members. The terms of office of the Board shall be four years.

The Board shall meet each January and shall elect from its membership a president, vice-president and a secretary. It may hold such other meetings as may be necessary to perform its duties. A majority of the Board including one of its officers shall constitute a quorum for the conduct of business at any meeting. Special meetings of the Board shall be called by the administrative officer upon written request of two members.

The Board shall have an administrative officer who shall be a registered nurse.

54.1-3003. Qualifications of members.

  1. Each professional nurse appointed to the Board shall:
    1. Be a citizen of the United States of America;
    2. Be a resident of this Commonwealth;
    3. Have been graduated from an educational program approved by a state board of nursing;
    4. Be licensed in this Commonwealth as a registered nurse;
    5. Have had at least five years' experience in nursing, nursing administration or teaching in a nursing education program; and
    6. Have been actively engaged in professional nursing in this Commonwealth for at least three years preceding appointment or reappointment.
  2. Each licensed practical nurse appointed to the Board shall:
    1. Be a citizen of the United States of America;
    2. Be a resident of this Commonwealth;
    3. Have been graduated from a high school or the equivalent;
    4. Have been graduated from a practical nursing program approved by a state board of nursing;
    5. Be licensed in this Commonwealth as a practical nurse;
    6. Have had at least five years' experience in nursing; and
    7. Have been actively engaged in practical nursing in this Commonwealth for at least three years preceding appointment or reappointment.

54.1-3004. Nominations.

Nominations may be made for each professional vacancy from lists of three names, submitted to the Governor by incorporated nurses associations. The Governor may notify such organizations of any professional vacancy other than by expiration. In no case shall the Governor be bound to make any appointment from among the nominees.

54.1-3005. Specific powers and duties of Board.

In addition to the general powers and duties conferred in this title, the Board shall have the following specific powers and duties:

  1. To prescribe minimum standards and approve curricula for educational programs preparing persons for licensure or certification under this chapter;
  2. To approve programs that meet the requirements of this chapter and of the Board;
  3. To provide consultation service for educational programs as requested;
  4. To provide for periodic surveys of educational programs;
  5. To deny or withdraw approval from educational programs for failure to meet prescribed standards;
  6. To provide consultation regarding nursing practice for institutions and agencies as requested and investigate illegal nursing practices;
  7. To keep a record of all its proceedings;
  8. To certify and maintain a registry of all certified nurse aides and to promulgate regulations consistent with federal law and regulation. Such regulations may include standards for the authority of licensed practical nurses to teach nurse aides;
  9. To approve programs that entitle professional nurses to be registered as clinical nurse specialists and to prescribe minimum standards for such programs;
  10. To maintain a registry of clinical nurse specialists and to promulgate regulations governing clinical nurse specialists;
  11. (Effective until July 1, 1999) To promulgate regulations for the voluntary certification of licensees as sex offender treatment providers. In promulgating such regulations, the Board shall consider the standards recommended by the Advisory Committee on Certified Practices pursuant to 54.1-3610. The provisions of this subdivision shall expire on July 1, 1999; and
  12. To certify and maintain a registry of all certified massage therapists and to promulgate regulations governing the criteria for certification as a massage therapist and the standards of professional conduct for certified massage therapists.

54.1-3006. Advisory committees.

The Board may appoint advisory committees consisting of three persons or more who are knowledgeable in the area of practice or education under consideration. Members of advisory committees shall not receive compensation, but shall receive reimbursement for travel and other actual and necessary expenses incurred in the performance of their duties.

54.1-3006.1. Public school nursing education programs.

The Board of Education and the Board of Nursing, or their representatives, shall, at least annually, develop and revise as necessary an interagency agreement relating to the regulation of public school nursing education programs. This memorandum of understanding shall establish a framework for cooperation in order to achieve consistency in the regulation of such programs. The duties and responsibilities of the Department of Education and the Board of Nursing for public school practical nursing and nurse aide education programs shall be set forth in the agreement. The agreement shall include, but need not be limited to, core curricula for the programs; administrative and clerical activities such as exchange of mailing labels, participation in site visits, reporting requirements, and information for newsletters; review and revision of the curricula materials; participation in inservice activities and state conferences; opportunity to participate in and comment on revisions of any relevant regulations; and communication procedures between the two state agencies and with the local school divisions. The Director shall rely on the Board of Nursing for advice on and implementation of the agreement.

54.1-3007. Refusal, revocation or suspension, censure or probation.

The Board may refuse to admit a candidate to any examination, refuse to issue a license or certificate to any applicant and may suspend any license or certificate for a stated period or indefinitely, or revoke any license or certificate or censure or reprimand any licensee or certificate holder or place him on probation for such time as it may designate for any of the following causes:

  1. Fraud or deceit in procuring or attempting to procure a license;
  2. Unprofessional conduct;
  3. Willful or repeated violation of any of the provisions of this chapter;
  4. Conviction of any felony or any misdemeanor involving moral turpitude;
  5. Practicing in a manner contrary to the standards of ethics or in such a manner as to make his practice a danger to the health and welfare of patients or to the public;
  6. Use of alcohol or drugs to the extent that such use renders him unsafe to practice, or any mental or physical illness rendering him unsafe to practice;
  7. The denial, revocation, suspension or restriction of a license or certificate to practice in another state, the District of Columbia or a United States possession or territory; or
  8. Abuse, negligent practice, or misappropriation of a patient's or resident's property.
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54.1-3008. Particular violations; prosecution.

It shall be a Class 1 misdemeanor for any person to:

  1. Practice nursing under the authority of a license or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;
  2. Practice nursing unless licensed to do so under the provisions of this chapter;
  3. Knowingly employ an unlicensed person as a professional or practical nurse or knowingly permit an unlicensed person to represent himself as a professional or practical nurse;
  4. Use in connection with his name any designation tending to imply that he is a professional nurse or a practical nurse unless duly licensed to practice under the provisions of this chapter;
  5. Practice professional nursing or practical nursing during the time his license is suspended or revoked;
  6. Conduct a nursing education program for the preparation of professional or practical nurses unless the program has been approved by the Board;
  7. Claim to be, on and after July 1, 1997, a certified massage therapist or massage therapist or use any designation tending to imply that he is a massage therapist or certified massage therapist unless he is certified under the provisions of this chapter.

 

54.1-3009. Authority to require certain evidence and examinations.

The Board may direct any licensee or certificate holder under a disciplinary order to furnish it at such intervals as it may require, evidence that he is not practicing in violation of this chapter. In addition, when the Board has probable cause to believe the licensee or certificate holder unable to practice with reasonable skill and safety to patients because of excessive use of alcohol or drugs or physical or mental illness, the Board, after preliminary investigation by informal conference, may direct that the licensee or certificate holder submit to a mental or physical examination. Failure to submit to the examination shall constitute grounds for disciplinary action. Any licensee or certificate holder affected by this subsection shall be afforded reasonable opportunity to demonstrate that he is competent to practice with reasonable skill and safety to patients.

54.1-3010. Special conference committee; appointment of members and chairman; notice to practitioner and request for conference; conference committee findings; further proceedings.

Upon receipt of information that a practitioner may be subject to disciplinary action by the Board for any of the grounds set forth in this chapter, the President of the Board may appoint a special conference committee to act in accordance with 9-6.14:11. This special conference committee shall consist of no fewer than two members of the Board of Nursing, one of whom shall be designated as chairman.

The administrative officer of the Board shall notify the chairman of the special conference committee of his appointment and the appointment of all co-members. The administrative officer of the Board shall transmit to the chairman the information which initiated the appointment of the special conference committee.

The administrative officer shall mail to the practitioner who is the subject of the conference a statement of such information and a request for a conference with the committee at a time and place to be specified in the request. A statement of the action the conference committee is authorized to take shall also be included.

After the conference, if the conference committee finds that there is insufficient evidence to warrant further action or that the charges are without foundation, the conference committee shall notify the practitioner by mail that his record has been cleared of any charge which might affect his right to practice nursing in the Commonwealth. However, if the conference committee finds that disciplinary action is warranted, the committee may (i) place the practitioner on probation with such terms as it may deem appropriate; (ii) reprimand the practitioner; (iii) modify a previous order; and (iv) impose a monetary penalty pursuant to 54.1-2401; or (v) refer the case to the Board of Nursing or a panel thereof for formal hearing.

If the practitioner is placed on probation, reprimanded, or a monetary penalty is imposed, the terms of the conference committee's order shall be simultaneously served on the practitioner by mail and entered on the record. Within thirty-three days from the date of entry of the order incorporating the conference committee's decision, the practitioner shall notify the administrative officer of the Board in writing that he does not consent to the committee's order and that he desires a hearing before the Board or a panel thereof. The order of the conference committee shall become final upon the expiration of the thirty-three-day period unless a request for a formal hearing is received within such time. Upon receiving a timely request for a hearing, the Board or a panel of the Board shall then proceed with a hearing as provided in 9-6.14:12.

54.1-3011. Renewal of licenses; lapsed licenses; reinstatement; penalties.

 

  1. Every license issued under the provisions of this chapter shall be renewed biennially by such time as the Board may prescribe by regulation. The Board shall mail an application for renewal to every licensee, but the failure to receive such application shall not excuse any licensee from the requirements for renewal. The person receiving such application shall furnish the requested information and return the form to the Board with the renewal fee.
  2. Any licensee who allows his license to lapse by failing to renew the license may be reinstated by the Board upon submission of satisfactory evidence that he is prepared to resume practice in a competent manner and upon payment of the fee.
  3. Any person practicing nursing during the time his license has lapsed shall be considered an illegal practitioner and shall be subject to the penalties provided for violations of this chapter.

 

54.1-3011.1. Additional fee required for licensure of certain practitioners.

In addition to the fees authorized for licensure and renewal by 54.1-2400, the Board shall charge a fee of one dollar for the licensure of every practical nurse and registered nurse to be deposited in the Nursing Scholarship Fund established pursuant to 54.1-3011.2.

54.1-3011.2. Nursing Scholarship Fund.

 

  1. There is hereby established the Nursing Scholarship Fund for the purpose of financing scholarships for students enrolled in or accepted for enrollment by nursing programs which will prepare such students, upon completion, for examination to be licensed by the Board as practical nurses or registered nurses.
  2. The Fund shall be administered by the Board, in cooperation with the Director of the Department, and the scholarships shall be administered and awarded by the Board of Health pursuant to 32.1-122.6:01. The Fund shall be maintained and administered separately from any other program or funds of the Board and the Department of Health Professions. No portion of the Fund shall be used for a purpose other than that described in this section and 32.1-122.6:01. Any money remaining in the fund at the end of a biennium shall not revert to the general fund or the funds of the Department of Health Professions, but shall remain in the Fund to be used only for the purposes of this section. In addition to the licensure fees required pursuant to 54.1-3011.1, the Fund shall also include:
    1. Any funds appropriated by the General Assembly for the purposes of the Fund; and
    2. Any gifts, grants, or bequests received from any private person or organization.

    Upon receiving the names of the scholarship recipients from the Board of Health, the Board of Nursing shall be responsible for transmitting the funds to the appropriate institution to be credited to the account of the recipient.

 

54.1-3012. Additional power of the Board.

In addition to other powers enumerated in this title, the Board may take those steps necessary to obtain recognition by the United States Secretary of Education as a reliable authority concerning the quality of education offered by educational institutions or programs in the area of practical nursing.

54.1-3013. Approval of nursing education program.

An institution desiring to conduct a nursing education program to prepare professional or practical nurses or clinical nurse specialists shall apply to the Board and submit evidence that:

  1. It is prepared to meet the minimum standards prescribed by the Board for either a professional nursing curriculum, a clinical nurse specialist curriculum or a practical nursing curriculum; and
  2. It is prepared to meet such other standards as may be established by law or by the Board.

 

A survey of the institution and its entire nursing education program shall be made by the administrative officer or other authorized employee of the Board, who shall submit a written report of the survey to the Board. If, in the opinion of the Board, the requirements necessary for approval are met, it shall be approved as a nursing education program for professional or practical nurses or clinical nurse specialists.

New nursing education programs shall not be established or conducted unless approved by the Board.

54.1-3014. Survey of nursing education programs; discontinuance of program.

The Board shall, through its administrative officer or other authorized representative, survey all nursing education programs in the Commonwealth as necessary. Written reports of such surveys shall be submitted to the Board. If the Board determines that any approved nursing education program is not maintaining the required standards, notice in writing specifying the deficiencies shall be immediately given to the institution conducting the program.

A program which fails to correct these deficiencies to the satisfaction of the Board within a reasonable time shall be discontinued after a hearing in which such facts are established.

54.1-3015. Continuance of license of certified tuberculosis nurse.

Any person licensed as a certified tuberculosis nurse to perform duties as prescribed by the State Board of Examiners of Nurses, now known as the Board of Nursing, on July 1, 1970, shall continue to be so licensed unless his license is suspended or revoked in accordance with the provisions of this chapter.

Article 2: Licensure of Registered Nurses. 54.1-3016. Use of title "registered nurse" or "R.N."

Any person who holds a license to practice professional nursing in Virginia shall have the right to use the title "registered nurse" and the abbreviation "R.N." No other person shall assume such title or use such abbreviation or any other words, letters, signs or devices to indicate that the person using the same is a registered nurse.

54.1-3016.1. Correctional health assistants.

Licensed practical nurses, registered nurses, and nurse practitioners may practice as correctional health assistants pursuant to 54.1-2901.

54.1-3017. Qualifications of applicant for registered nurse's license; examination; graduates of foreign nursing education programs.

 

  1. An applicant for a license to practice professional nursing shall submit evidence satisfactory to the Board that such applicant:
    1. Has completed an approved four-year high school course of study or the equivalent as determined by the appropriate educational agency;
    2. Has received a diploma or degree from an approved professional nursing education program;
    3. Has passed a written examination as required by the Board; and
    4. Has committed no acts which are grounds for disciplinary action as set forth in this chapter.
  2. An applicant who graduated from a nursing education program in a foreign country may be required to pass the Commission on Graduates of Foreign Nursing Schools Qualifying Examination prior to admission to the examination for licensure in this Commonwealth.

 

54.1-3018. Registered nurse's license by endorsement.

The Board may issue a license by endorsement to an applicant to practice professional nursing if the applicant has been licensed as a professional or registered nurse under the laws of another state, the District of Columbia or a United States possession or territory and, in the opinion of the Board, the applicant meets the qualifications required of registered nurses in this Commonwealth.

Article 3: Licensure of Practical Nurses. 54.1-3019. Use of title "licensed practical nurse" or "L.P.N."

Any person who holds a license to practice as a licensed practical nurse in Virginia shall have the right to use the title "Licensed practical nurse" and the abbreviation "L.P.N." No other person shall assume such title or use such abbreviation or any other words, letters, signs or devices to indicate that the person using the same is a licensed practical nurse.

54.1-3020. Qualifications of applicant for practical nurse's license.

An applicant for a license to practice as a practical nurse shall furnish evidence satisfactory to the Board that the applicant:

  1. Has completed two years of high school or its equivalent;
  2. Has received a diploma from an approved practical nursing program;
  3. Has passed a written examination as required by the Board; and
  4. Has committed no acts which are grounds for disciplinary action as set forth in this chapter.

 

54.1-3021. Practical nurse's license by endorsement.

The Board may issue a license by endorsement to any applicant to practice as a licensed practical nurse if the applicant has been licensed as a practical nurse or a person entitled to perform similar services under laws of another state, the District of Columbia or a United States possession or territory and, in the opinion of the Board, the applicant meets the requirements for licensed practical nurses in this Commonwealth.

Article 4: Certification of Nurse Aides. 54.1-3022. Use of the title "Certified Nurse Aide" or "C.N.A."

No person shall use or assume the title "Certified Nurse Aide" or abbreviation "C.N.A." or any words, letters, signs, or devices to indicate that person is a certified nurse aide unless certified by the Board.

54.1-3023. Application for certification by competency evaluation.

Every applicant for certification by competency evaluation shall pay the required application fee and shall submit written evidence that the applicant:

  1. Has not committed any act or omission that would be grounds for discipline or denial of certification under this article; and
  2. Has successfully completed an education or training program approved by the Board.

 

54.1-3024. Application for certification by endorsement.

Every applicant for certification by endorsement shall pay the required application fee, shall submit the information required by the Board in the manner and form specified by the Board, and shall submit written evidence that the applicant:

  1. Is certified to practice as a nurse aide by another state or territory of the United States (with requirements that are essentially similar to the requirements for certification set out in this article) and that such certification is in good standing;
  2. Has not committed any act or omission that would be grounds for discipline or denial of certification under this article;
  3. Has no record of abuse, negligent practice, or misappropriation of a patient's or resident's property or any disciplinary action taken or pending in any other state or territory against such certification.

 

54.1-3025. Certification by competency evaluation.

All applicants except those certified by endorsement shall be required to pass a clinical competency evaluation. Such evaluation shall be in written or oral form and shall include the following areas:

  1. Basic nursing skills;
  2. Personal care skills;
  3. Recognition of mental health and social services needs;
  4. Basic restorative services; and
  5. Resident or patient rights.

 

54.1-3026. Renewal of certification.

Each certificate issued to practice as a nurse aide shall be renewed biennially upon payment of any specified fee. The nurse aide shall submit proof of compliance with any requirements of law and regulation concerning continued employment or competence as a condition of such renewal. The Board shall establish requirements for the renewal of certifications consistent with federal law.

54.1-3027. Exclusions.

This article shall not be construed to affect or apply to:

  1. The gratuitous care of friends or family members;
  2. A person for hire who does not represent himself as or hold himself out to the public as a certified nurse aide. However, a person for hire who is not a certified nurse aide in accordance with this article shall not hold himself out as a certified nurse aide or be employed as a certified nurse aide.

 

54.1-3028. Registration of nurse aides prior to October 1, 1989.

The Board shall add to its registry of certified nurse aides any individual determined by the Board of Nursing as being qualified to be a nurse aide by reason of training in accordance with federal law prior to October 1, 1989. Such individuals shall meet any continuing requirements of the Board to retain certification.

Article 5: Certification of Massage Therapists. 54.1-3029. Qualifications for a certified massage therapist.

 

  1. In order to be certified as a massage therapist, the applicant shall furnish evidence satisfactory to the Board that the applicant:
    1. Is at least 18 years old;
    2. Has successfully completed a minimum of 500 hours of training from a massage therapy program, having received programmatic approval from the Virginia Board of Education, Division of Proprietary Schools, or certified or approved by the Virginia Board of Education, Division of Proprietary Schools; the State Council of Higher Education; or an agency in another state, the District of Columbia or a United States territory which approves educational programs, notwithstanding the provisions of 22.1-320;
    3. Has passed the National Certification Exam for Therapeutic Massage and Bodywork or an exam deemed acceptable to the Board of Nursing leading to national certification; and
    4. Has not committed any acts or omissions that would be grounds for disciplinary action or denial of certification as set forth in this chapter.
  2. The Board may certify any applicant who has been practicing massage therapy for up to ten years prior to July 1, 1997, and has completed at least 200 hours of training in an education program. Such programs may be, but shall not be required to be, certified or approved by the Virginia Board of Education, Division of Proprietary Schools; the State Council of Higher Education; or an agency in another state, the District of Columbia or a United States territory which approves educational programs, or has been in practice for ten years or more prior to July 1, 1997, and has completed 20 hours of such training; or has passed the National Certification Exam for Therapeutic Massage and Bodywork prior to 1994.
  3. The Board may issue a provisional certification to an applicant prior to passing the National Certification Exam for Therapeutic Massage and Bodywork for such time and in such manner as prescribed by the Board. No more than one provisional certification shall be issued to any applicant.
  4. The Board may certify without examination any applicant who is licensed or certified as a massage therapist in another state, the District of Columbia, a United States possession or territory, or another country, and, in the opinion of the Board, meets the requirements for certified massage therapists in this Commonwealth.

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