A. A health care practitioner licensed, certified, or registered in another state or the District of Columbia may temporarily practice for one 90-day period, provided that the following conditions are met:
1. The practitioner is contracted by or has received an offer of employment in the Commonwealth from a licensed hospital, a nursing home, a dialysis facility, the Department of Health, or a local health department;
2. The employer or contractor verifies that the out-of-state health care provider possesses an active and unencumbered license, certification, or registration for the profession in which he will be employed or contracted in another state or the District of Columbia;
3. The employer or contractor obtains a report from the National Practitioner Data Bank if the applicant is subject to reporting; and
4. Prior to the out-of-state health care practitioner's practicing, the employer or contractor notifies the appropriate health regulatory board that the out-of-state health care practitioner is employed or under contract and will practice under the temporary authorization. This notice shall include the out-of-state health care practitioner's out-of-state license, certification, or registration number and a statement that such practitioner meets all of the requirements set forth in this section.
B. If the health care practitioner practicing with a temporary authorization has submitted an application for licensure, certification, or registration, the applicable health regulatory board shall expedite such applications for out-of-state health care practitioners practicing pursuant to this section. If licensure, certification, or registration remains pending after the initial 90-day temporary authorization, the authorization may be extended for an additional 60 days, provided that the employer or contractor submits notice to the applicable health regulatory board.
C. Out-of-state health care practitioners practicing pursuant to this section shall be subject to the laws and regulations of the Commonwealth and shall be subject to disciplinary action by the applicable health regulatory board.
D. The Department of Health Professions shall, beginning July 1, 2023, annually report to the Chairmen of the Senate Committee on Education and Health and the House Committee on Health, Welfare and Institutions the number of out-of-state health care practitioners who have utilized the temporary authorization to practice pending licensure and have not subsequently been issued full licensure.
2022, cc. 463, 464.
Structure Code of Virginia
Title 54.1 - Professions and Occupations
Chapter 24 - General Provisions
§ 54.1-2400. General powers and duties of health regulatory boards
§ 54.1-2400.01. Certain definition
§ 54.1-2400.01:1. Surgery defined; who may perform surgery
§ 54.1-2400.01:2. Ophthalmic prescription defined; who may provide ophthalmic prescriptions
§ 54.1-2400.1. Mental health service providers; duty to protect third parties; immunity
§ 54.1-2400.3. Disciplinary actions to be reported
§ 54.1-2400.4. Mental health service providers duty to inform; immunity; civil penalty
§ 54.1-2400.8. Immunity for reporting
§ 54.1-2400.9. Reporting disabilities of drivers
§ 54.1-2402. Citizen members on health regulatory boards
§ 54.1-2402.1. Appointments, removals, and limitation of terms of members of regulatory boards
§ 54.1-2403. Certain advertising prohibited
§ 54.1-2403.01. Routine component of prenatal care
§ 54.1-2403.02. Prenatal education; cord blood banking
§ 54.1-2403.1. Protocol for certain medical history screening required
§ 54.1-2403.3. Medical records; ownership; provision of copies
§ 54.1-2404. Itemized statements required upon request
§ 54.1-2404.1. Patient records
§ 54.1-2406. Treatment records of practitioners
§ 54.1-2407. Requirements for human research
§ 54.1-2408. Disqualification for license, certificate or registration
§ 54.1-2408.2. Minimum period for reinstatement after revocation
§ 54.1-2408.3. Practice pending appeal
§ 54.1-2408.4. Temporary authorization to practice
§ 54.1-2409. Mandatory suspension or revocation; reinstatement; hearing for reinstatement
§ 54.1-2409.2. Board to set criteria for determining need for professional regulation
§ 54.1-2409.3. Participation of advisory boards in disciplinary proceedings
§ 54.1-2409.4. Authority to receive laboratory results directly