VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact §54.1-2408.2 of the Code of
Virginia, relating to health regulatory boards; burden of proof for
reinstatement.
[S 463]
Approved
Be it enacted by the General Assembly of Virginia:
1. That §54.1-2408.2 of the Code of Virginia is amended and
reenacted as follows:
§54.1-2408.2. Minimum period for reinstatement after
revocation.
When the certificate, registration or license of any person
certified, registered or licensed by one of the health regulatory boards has
been revoked, the board may, after three years and upon the payment of a fee
prescribed by the Board board, consider an application for
reinstatement of a certificate, registration or license in the same manner as
the original certificates, registrations or licenses are granted; however, if a
license has been revoked pursuant to subdivision A 19 of §54.1-2915, the
Board board shall not consider an application for reinstatement
until five years have passed since revocation. A Board board
shall conduct an investigation and review an application for reinstatement
after revocation to determine whether there are causes for denial of the
application. The burden of proof shall be on the applicant to show by clear
and convincing evidence that he is safe and competent to practice. The
reinstatement of a certificate, registration or license shall require the
affirmative vote of three-fourths of the members at a meeting the
hearing. In the discretion of the board, such reinstatement may be granted
without further examination.
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