54.1-2915 - Unprofessional conduct; grounds for refusal or disciplinary action.
§ 54.1-2915. Unprofessional conduct; grounds for refusal or disciplinaryaction.
A. The Board may refuse to admit a candidate to any examination; refuse toissue a certificate or license to any applicant; reprimand any person; placeany person on probation for such time as it may designate; suspend anylicense for a stated period of time or indefinitely; or revoke any licensefor any of the following acts of unprofessional conduct:
1. False statements or representations or fraud or deceit in obtainingadmission to the practice, or fraud or deceit in the practice of any branchof the healing arts;
2. Substance abuse rendering him unfit for the performance of hisprofessional obligations and duties;
3. Intentional or negligent conduct in the practice of any branch of thehealing arts that causes or is likely to cause injury to a patient orpatients;
4. Mental or physical incapacity or incompetence to practice his professionwith safety to his patients and the public;
5. Restriction of a license to practice a branch of the healing arts inanother state, the District of Columbia, a United States possession orterritory, or a foreign jurisdiction;
6. Undertaking in any manner or by any means whatsoever to procure or performor aid or abet in procuring or performing a criminal abortion;
7. Engaging in the practice of any of the healing arts under a false orassumed name, or impersonating another practitioner of a like, similar, ordifferent name;
8. Prescribing or dispensing any controlled substance with intent orknowledge that it will be used otherwise than medicinally, or for acceptedtherapeutic purposes, or with intent to evade any law with respect to thesale, use, or disposition of such drug;
9. Violating provisions of this chapter on division of fees or practicing anybranch of the healing arts in violation of the provisions of this chapter;
10. Knowingly and willfully committing an act that is a felony under the lawsof the Commonwealth or the United States, or any act that is a misdemeanorunder such laws and involves moral turpitude;
11. Aiding or abetting, having professional connection with, or lending hisname to any person known to him to be practicing illegally any of the healingarts;
12. Conducting his practice in a manner contrary to the standards of ethicsof his branch of the healing arts;
13. Conducting his practice in such a manner as to be a danger to the healthand welfare of his patients or to the public;
14. Inability to practice with reasonable skill or safety because of illnessor substance abuse;
15. Publishing in any manner an advertisement relating to his professionalpractice that contains a claim of superiority or violates Board regulationsgoverning advertising;
16. Performing any act likely to deceive, defraud, or harm the public;
17. Violating any provision of statute or regulation, state or federal,relating to the manufacture, distribution, dispensing, or administration ofdrugs;
18. Violating or cooperating with others in violating any of the provisionsof Chapters 1 (§ 54.1-100 et seq.), 24 (§ 54.1-2400 et seq.) and this chapteror regulations of the Board;
19. Engaging in sexual contact with a patient concurrent with and by virtueof the practitioner and patient relationship or otherwise engaging at anytime during the course of the practitioner and patient relationship inconduct of a sexual nature that a reasonable patient would consider lewd andoffensive;
20. Conviction in any state, territory, or country of any felony or of anycrime involving moral turpitude; or
21. Adjudication of legal incompetence or incapacity in any state if suchadjudication is in effect and the person has not been declared restored tocompetence or capacity.
B. The commission or conviction of an offense in another state, territory, orcountry, which if committed in Virginia would be a felony, shall be treatedas a felony conviction or commission under this section regardless of itsdesignation in the other state, territory, or country.
C. The Board shall refuse to admit a candidate to any examination and shallrefuse to issue a certificate or license to any applicant if the candidate orapplicant has had his certificate or license to practice a branch of thehealing arts revoked or suspended, and has not had his certificate or licenseto so practice reinstated, in another state, the District of Columbia, aUnited States possession or territory, or a foreign jurisdiction.
(Code 1950, §§ 54-316, 54-317; 1954, c. 627; 1958, cc. 161, 461; 1966, cc.166, 657; 1968, c. 582; 1970, c. 69; 1973, c. 529; 1975, c. 508; 1978, c.622; 1979, c. 727; 1980, c. 157; 1985, c. 96; 1986, cc. 86, 434; 1988, c.765; 1993, c. 991; 1997, c. 801; 2003, cc. 753, 762; 2004, c. 64; 2005, c.163.)