Chapter 30 of Title 54.1 of the Code of Virginia is also known as the Nurse Practice Act (NPA) in the state—because it consists of the laws, rules, and regulations pertaining to nurses in Virginia. Understanding these rules is critical for any nurse operating here.
The following overview covers the essentials of the Virginia Nurse Practice Act. That said, when you have questions about a specific case, there's no substitute for speaking with a legal professional.
At the Lento Law Firm, our Professional License Defense Team has the experience necessary to assist you with such matters. If you're a Virginia nurse facing disciplinary action or similar licensing issues due to an alleged violation of the Nurse Practice Act in Virginia, we'll offer the assistance you need right now. Learn more by submitting your information through our online form or calling us at 888-535-3686 for your free consultation.
Who Does the Virginia Nurse Practice Act Cover?
The Nurse Practice Act in Virginia doesn't apply to all medical professionals. It specifically applies to the following types of nurses and related professionals who require licenses or certifications to operate in Virginia:
- Registered nurses (RNs)
- Licensed practical nurses (LPNs)
- Various types of advanced practice registered nurses (such as nurse anesthetists)
- Massage therapists
Potential Consequences For Violating The Nurse Practice Act in Virginia
Because the Virginia NPA is technically a set of laws, violating it could result in criminal charges, depending on the nature of the violation.
The NPA also grants the Virginia Board of Nursing (VBON) the authority to handle certain types of violations in the following ways:
- Refusing to issue a new license to an applicant
- Refusing to renew a nurse's license
- Censure
- License suspension
- License revocation
- Probation
This guide will cover some of the specific violations that may trigger disciplinary action on the part of the VBON. Generally, though, the Nurse Practice Act in Virginia allows the Board to take such actions when a nurse or applicant:
- Attempts to commit fraud or deceit to secure a nursing license
- Commits unprofessional conduct
- Willfully or repeatedly violates any of the NPA's provisions.
- Is convicted of a felony or a misdemeanor involving “moral turpitude.”
- Practices nursing in such a way as to constitute a violation of the standards of ethics nurses in the state typically adhere to
- Practices nursing in such a way that constitutes a danger to patients/the public
- Commits abuse
- Commits negligence in nursing
- Misappropriates the property of a patient or resident
- Uses alcohol or drugs in a manner that negatively affects their ability to practice safely
In addition, the NPA gives the Board the authority to take disciplinary action or refuse to renew/issue a license if a nurse or applicant's license has been suspended, revoked, or otherwise restricted anywhere else in the US.
What Is a Misdemeanor Involving Moral Turpitude According to the Virginia Nurse Practice Act?
The VBON offers additional documents to supplement the Virginia NPA. One such document (Guidance Document: 90-55) explains in greater detail what type of misdemeanor might qualify as a crime of moral turpitude.
(Note: The document technically focuses on the Board's authority to license and certify a Certified Nurse Aide (CNA) in Virginia. That said, the sections regarding crimes of moral turpitude apply to any type of applicant seeking any type of license from the VBON.)
As previously mentioned, the VBON can deny a license or take disciplinary action against a nurse if they've been convicted of such a crime. Thus, it's helpful for both nurses and Board members to have a deeper understanding of what such a crime may consist of.
Per the Board's document, a conviction of a crime of moral turpitude means a conviction of a crime related to at least one of the following:
- Lying
- Cheating
- Stealing
The VBON provides the following specific examples. Be aware these aren't necessarily the only crimes that may qualify as being misdemeanors of moral turpitude:
- Shoplifting
- Reporting false information to law enforcement
- Larceny
- Welfare fraud
Again, those are just examples. According to the Board, even writing a check that one knows to be worthless could qualify as a crime of moral turpitude, indicating to the Board that an individual might not be qualified to serve as a nurse in Virginia.
If you've been convicted of a crime that you think qualifies as one of moral turpitude—or if you're facing conviction in a case that hasn't yet been resolved—know that getting started on your defense sooner rather than later could play a significant role in the outcome of your case. At the Lento Law Firm's Professional License Defense Team, we're prepared to help you guard against potential negative action against your license.
What the Virginia NPA Says About Crimes Involving Alcohol or Drugs
According to the VBON resource cited above, generally, a conviction of a misdemeanor that does not involve moral turpitude isn't sufficient to justify the Board denying to license or certify an applicant. However, there are exceptions.
The VBON states that a misdemeanor conviction indicating an applicant may struggle with impairment due to drugs or alcohol is also grounds for denial of a license or certification. Common examples of such convictions include DUIs and drug possession convictions.
Once more, being proactive about these circumstances is wise. Get in touch with our Professional License Defense Team at the Lento Law Firm if you're facing licensing (or relicensing) issues due to a drug or alcohol conviction. Our understanding of the Virginia Nurse Practice can be highly valuable right now.
What Happens When the VBON Discovers a Conviction in a Nurse's Application?
When someone applies for a license or certification through the Virginia Board of Nursing, the application will include questions related to their background—including any criminal convictions in their past.
Answering these questions honestly is vital. According to the Board's documents that supplement the NPA, answering yes to a question about whether you've been convicted of a crime will not result in immediate denial of your application. The Board will simply need to request more information to determine how to proceed. On the other hand, answering dishonestly could certainly result in a denial, as engaging in such deception is a violation of the NPA.
Per the Board, if your application indicates you have a prior criminal conviction, the Board will typically request the following documentation/information:
- A certified copy of conviction records (which you may obtain through the courthouse of record)
- Evidence indicating you've met all court-ordered requirements (such as fulfilling the terms of probation)
- A letter from yourself in which you explain “the factual circumstances” leading to your offense/arrest
- Letters from your employers speaking to your work performance
Ideally, the employers who provide letters regarding your work performance will be nursing-related employers. However, you can still submit letters from other employers if you've never worked in a nursing capacity before. The goal is to demonstrate to the Board that your conviction doesn't indicate you're unable to safely perform your duties as a nurse.
You don't necessarily have to gather this documentation on your own. We at the Lento Law Firm Professional License Defense Team can assist you in gathering any documentation the Board may request.
We can also help with tasks like drafting a letter regarding your criminal conviction. If you were to attempt this task on your own, you might worry about not being thorough enough. On the other hand, you could provide more information than is necessary, potentially harming your own case in an effort to be thorough.
This isn't something you need to worry about when you enlist the help of qualified legal professionals. We're prepared to help you navigate all steps of this process.
Information the Board May Request Regarding Past Disciplinary Action
Per the NPA, the Board can consider denying a license or certification if an applicant has been subject to disciplinary action in the past.
An application will also usually include questions regarding past disciplinary action taken by other licensing boards in other jurisdictions. As with questions regarding past criminal convictions, it's essential to answer these questions honestly.
If you indicate to the VBON that you've been subject to disciplinary action before, the VBON will usually request:
- A certified order for the disciplinary action from the relevant licensing entity in another state
- If applicable, a certified copy of any actions taken subsequent to the disciplinary action order (such as reinstatement)
- A letter from yourself describing the circumstances leading to the disciplinary action in question
- Letters from employers (again, ideally nursing-related ones) commenting on your work performance
“Disciplinary action” in this context can also include a license denial from another entity. If another relevant licensing agency denied your application for a license in the first place, you may need to provide the Board with information accordingly.
This is another instance in which we at the Lento Law Firm's Professional License Defense Team can help you. You'll be less concerned about whether you're providing the Board with the appropriate information and documentation if you have assistance from professionals who understand what licensing boards and agencies look for in these cases.
Information the Board May Request Regarding an Impairment
The Board will also typically request information and documentation from applicants when their applications suggest they may have an impairment involving alcohol or drugs. Information the Board may request from you if there's reason to believe you struggle with an impairment includes:
- Evidence of past treatment for an impairment (such as discharge summary documentation)
- A letter from your current healthcare provider explaining what your diagnosis is, what your treatment regimen consists of, evidence indicating you're complying with the regimen, and a commentary on your ability to perform nursing duties safely
- A letter from yourself in which you explain the facts surrounding your impairment and any steps you may be taking (such as undergoing continued treatment, participating in AA/NA, etc.) to manage an impairment
- Letters from employers (if possible, nursing-related ones) commenting on your performance
Gathering this documentation and drafting a letter commenting on a sensitive topic like a substance abuse issue can seem overwhelming when facing potential licensing issues. Luckily, you're not alone right now. At the Lento Law Firm, our Professional License Defense Team is prepared to gather this evidence and documentation on your behalf, simplifying what could otherwise be an intimidating process.
The Importance of Honesty in an Application
Although it's already been mentioned, it bears repeating: you must be completely honest when submitting an application to the VBON. As the Virginia NPA states, the Board can (and likely will) conduct a background check before licensing or certifying you.
A background check will reveal any attempted deception. If you're worried about how a detail of your application may affect your certification or licensing, remember that the Lento Law Firm Professional License Defense Team is available to help with your case if issues do arise.
After the Board Receives Information and Documentation
Once the Board is satisfied that you've provided the necessary information or documentation it requested, full consideration of an application will begin. Sometimes, the Board will review an application and approve it without any further action.
In other cases, you might have to meet with a representative of the Board for a fact-finding conference. You don't have to participate in this conference alone. At the Lento Law Firm Professional License Defense Team, we're prepared to offer representation during this type of meeting.
Get Help With a Case Involving a Violation of the Virginia Nurse Practice Act
You worked very hard to reach this point in your career. You shouldn't have to worry about your license being in jeopardy because of an alleged violation (whether in the distant or recent past) of the Virginia Nurse Practice Act.
However, it's very important to take accusations seriously. By treating this matter with the same degree of seriousness that you would treat a criminal case, you can be certain you're taking steps to protect your employability both now and in the future.
We at the Lento Law Firm Professional License Defense Team can help. Unlike some other firms and attorneys, we specifically focus on license defense, offering a unique service that you need right now. Get started today by submitting your information through our online contact form or calling our offices at 888-535-3686 for a free consultation.
