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Mandatory Suspension Frequently Asked Questions

 

1. Why was my license/certificate/registration suspended? 

Virginia Code § 54.1-2409 requires the Department of Health Professions to suspend a Virginia license, certificate, or registration if it receives evidence that (1) the licensee was convicted of a felony; (2) the same license was suspended or revoked in another state; or (3) the same license was surrendered in lieu of disciplinary action in another state.

 

2. My conviction happened a long time ago. Why is my license just getting suspended now?

The Department does not always receive evidence of a felony conviction at the time of the conviction. The Department may learn of the conviction later if it receives a complaint about a licensee's practice. In any case, no matter when the conviction took place, the Department is obligated to suspend the license when it receives the information. 

 

3. The other State revoked or suspended my license but then stayed the revocation or suspension and put me on probation. Why is my license being suspended? 

The Department does not distinguish between a suspension/revocation and a stayed suspension/revocation. If the other state has not reinstated your license without restriction, the Department must suspend your Virginia license.

 

4. Now that my license has been suspended, how do I get it back?

You must first file an application for reinstatement of your license. You can find the reinstatement application here: Virginia Dept. of Health Professions - Apply for a License. For the Board of Medicine, you may contact (804) 367-4513 to begin the reinstatement application process.

Be sure to read all of the instructions before completing and sending in the reinstatement application. 

 

5. How long do I have to wait before I can apply for reinstatement? 

There is no waiting period. You may apply for reinstatement as soon as you receive notice that your license has been suspended.

 

6. How long do I have to wait before the Board decides to reinstate my license?

The date of the hearing will depend on the date of receipt of your complete application, together with all of the requisite attachments. The Board is required to conduct a hearing on your completed application for reinstatement not later than the next regular meeting of the Board after the expiration of 60 days from the receipt of your application. The Boards do not meet every month. Some Boards meet every other month and some meet quarterly.

 

 7. I sent in my application, now what?

 When the Board receives your completed application, it will be forwarded to the Agency's Enforcement Division to conduct an Investigation. Your case will be assigned to an investigative team that will contact you, set up an interview, and send you forms to sign allowing contact with your healthcare providers, employers, or others. Your prompt attention and cooperation with the investigative team will ensure that the Board receives complete information to rule on your application. You may also submit any documentation that you wish the Board to consider when deciding on your case.

 

8. What happens at my hearing? 

Once the hearing is scheduled, you will receive a Notice from the Board, which will specify the exact date and time of the hearing, and which may include allegations that you have violated certain laws and regulations governing the practice of your profession. At the hearing, you bear the burden of proving to the Board that you are able to resume safe and competent practice of your profession. The Commonwealth bears the burden of proving that you violated the laws and regulations as alleged. The reinstatement of your license requires the affirmative vote of ¾ of the members of the Board present at the hearing. Once the Board hears all of the evidence, it will go into a closed meeting to deliberate on your case. The Board will then resume the open meeting and announce its decision.