Healthcare Law and Business Library: The Definitive Online Source for Healthcare Data

Contributing Editor:

Joshua H. Rahman
Attorney and Counsellor at Law
DurretteBradshaw PLC
Main Street Centre, Twentieth Floor
600 East Main Street
Richmond, Virginia 23219
(804) 775-6900 (Receptionist)
(804) 775-0854 (Direct Dial)
jrahman@durrettebradshaw.com
http://www.durrettebradshaw.com

I. Regulation of the Practice of the Health Care Professions
A. Licensure.
	1.	*Physicians, Osteopaths, Chiropractors, and Podiatrists*
		The Board of Medicine for the Commonwealth of Virginia licenses all individuals qualified to practice medicine, osteopathic medicine, chiropractic, or podiatry pursuant to § 54.1-2932 of the Code of Virginia. Students of these disciplines are licensed upon the completion of satisfactory examinations under the Board regulations. The examination requirements for these disciplines are codified at §54.1-2931 of the Code of Virginia. The applications and forms for licensure to practice medicine, osteopathic medicine, chiropractic, or podiatry may be obtained on the Virginia Board of Medicine website. To find other applicable laws pertaining to physicians, osteopaths, chiropractors, and podiatrists please refer to §§ 54.1-2900 - 54.1-2993 of the Code of Virginia.
	2.	*Physician Assistants and Specialist Assistants*
		The licensure requirements for physician and podiatrist assistants are codified at § 54.1-2951.1 of the Code of Virginia. The application and forms for licensure may be obtained on the Virginia Board of Medicine website.
	3.	*Other Licensed Medical Professionals in the Commonwealth of Virginia*
		Various other medical professionals are licensed in the Commonwealth of Virginia. For information on those professions, please refer to the following:
		a.	Acupuncture -Applicable Virginia Code sections - Licensure forms
		b.	Athletic Training -Applicable Virginia Code sections - Licensure forms
		c.	Audiology and Speech-Language Pathology -Applicable Virginia Code sections - Licensure forms
		d.	Dentistry -Applicable Virginia Code sections - Licensure forms
		e.	Dietitians and Nutritionists -Applicable Virginia Code sections -Board of Health Professions regulations for Dietitians & Nutritionists - Commission on Dietetic Registration - Certification Board for Nutrition Specialists - American Board of Nutrition
		f.	Hearing Aid Specialists -Applicable Virginia Code sections - Licensure forms
		g.	Nursing -Applicable Virginia Code sections - Licensure forms
		h.	Opticians -Applicable Virginia Code sections - Licensure forms
		i.	Optometry -Applicable Virginia Code sections - Licensure forms
		j.	Pharmacy -Applicable Virginia Code sections - Licensure forms
		k.	Physical Therapy -Applicable Virginia Code sections - Licensure forms
		l.	Professional Counseling -Applicable Virginia Code sections - Licensure forms
		m.	Psychology -Applicable Virginia Code sections - Licensure forms
		n.	Radiologic Technologist -Applicable Virginia Code sections § 54.1-2956.8:1 and § 54.1-2956.8:2 - Licensure forms
		o.	Respiratory Care Practitioner -Applicable Virginia Code sections § 54.1-2954 and § 54.1-2954.1 - Licensure forms
B. Department of Health Professions.
	The Department of Health Professions works to assure the safe and competent delivery of health care to the citizens of Virginia through the process of examining, licensing, and disciplining health care practitioners. There are fourteen health regulatory boards within the Department of Health Professions. These boards regulate more than fifty different types of professions and occupations. Members of the regulatory boards are appointed by the Governor and are either licensed practitioners or public citizens. For more information about the various health care boards, please click on the link above.
C. Complaint Procedures.
	The Enforcement Division of the Department of Health Professions receives complaints about health care practitioners who may have violated a regulation or law. An individual may submit a complaint to the Enforcement Division in writing, by telephone, fax, email, in person, or anonymously. For more information about how to file a complaint or to download a complaint form, please click on the links above. To file a complaint against hearing aid specialists or opticians please refer to the Virginia Department of Professional and Occupational Regulation .
D. Required Reports (MPA and Federal Law).
E. Disciplinary Actions and Procedures.
	The disciplinary process for licensed professionals under the jurisdiction Department of Health Professions begins with a complaint against a licensee. The Department's Complaint Intake Unit may receive complaints from various sources including health care practitioners, employers and employees, other licensed professionals, law enforcement agencies, courts, or concerned citizens. If the complaints fall within the Department's jurisdiction and are determined to be violations of law, then they will conduct an investigation. However, if the complaint does not fall within the Department's jurisdiction, the source of the complaint may be referred to another agency or organization. An investigator for the Enforcement Division of the Department will accumulate evidence, interview potential witnesses, and obtain copies of relevant documents. Upon the completion of the investigation, the investigator will write a comprehensive report and submit it, along with all relevant records and evidence, to the appropriate regulatory board for consideration and action. When the board receives the investigative report, a preliminary review of the case is made to determine whether the evidence is sufficient to indicate that a violation of law occurred. If the board believes that there is sufficient evidence to indicate that a violation of law has occurred, disciplinary action may be taken. However, disciplinary action may only occur after an informal conference or formal hearing. The licensee may be subject to the following sanctions: Reprimand or censure Monetary penalty (paid to the Literary Fund of Virginia) Remedial or corrective action Probation with requirements for the licensee to complete within a specified time Limitations on the licensee's privilege to practice Suspension of the license either indefinitely or for a specific period of time Revocation of license
F. Regulation of Advertising.
G. Impaired Professionals.
	The Department of Health Professions provides confidential services for health practitioners who may be impaired by any physical or mental disability, or from chemical dependency through its Health Practitioners' Intervention Program (HPIP). The purpose of this program is to increase the number of practitioners who will seek assistance as an alternative to disciplinary action. Available services include intake, assessment, treatment planning, referral, monitoring and appropriate advocacy for Board issues. The Health Practitioners' Intervention Program is available to any person, who is or was licensed, certified, registered, or an applicant who is otherwise fully eligible for licensure, certification, or registration.
II. Credentialing and Peer Review
A. MPA and HCQIA Definitions
	1.	*MPA*
	2.	*Health Care Quality Improvement Act (HCQIA)*
		Definitions for the Health Care Quality Improvement Act are codified at 42 USC § 11151 .
B. Hospital Authority to Credential Medical Staff, APNs and PAs
	1.	*Medical Staff*
	2.	*APNs*
	3.	*Physician Assistants*
C. Duty to obtain Information concerning Physicians

D. Authority to Evaluate Medical and Health Care Services

E. Privilege of Confidentiality for Medical Peer Review

F. Immunity from Civil Liability

G. Reporting Requirements