Complaints are received by the Enforcement Division of the Department of Health Professions from any source, including, but not limited to: consumers; patients; licensees; facilities; employers; employees; the media; the courts; anonymous sources; other licensing boards; etc.
The Department of Health Professions includes 14 regulatory Boards that regulate more than 50 types of professions and occupations and 8 types of facilities. This Agency has authority over any person or facility licensed by the Department of Health Professions, as well as persons practicing without a license where a license is required. Click Here to see the list of professions and facilities regulated by this Agency.
Complaints can be submitted to the Enforcement Division verbally or in writing and may be submitted anonymously. Go to the Complaint page to see detailed information about the Complaint Process. For any questions contact the Enforcement Division at (804) 367-4691 or toll free at 1-800-533-1560 (VA Only).
Complaints are processed upon receipt and the source is notified by letter of the status of their complaint. When information received by the Department of Health Professions indicates a violation of law or regulation within this Agency's jurisdiction may have occurred, it is the responsibility of the Enforcement Division to obtain whatever additional information is needed to prove or disprove that a violation has occurred. Information is gathered and submitted to the appropriate Health Regulatory Board for consideration and action. The Board initially decides whether the evidence is sufficient to indicate that a violation law or regulation may have occurred. If the evidence is not sufficient for that purpose, the case is then closed and no further action is taken. If the Board believes there is sufficient evidence to indicate that a violation of law or regulation may have occurred, a determination is made (following the Administrative Processes Act) whether the accused has violated a law or regulation, and if so, the Board imposes disciplinary action. Click here to see a detailed explanation of the Disciplinary Process.
To obtain public record information, you may contact the specific Health Regulatory Board directly, or, you may call the Department of Health Professions’ main reception desk at (804) 367-4400. You may also want to visit the License Lookup.
The Department of Health, Office of Licensure and Certification, has regulatory authority over health care facilities including hospitals, nursing homes, home health agencies, hospices, etc. They can be contacted at 9960 Mayland Drive, Ste. 401, Henrico, VA 23233-1463, or by telephone at (804) 367-2106 or 1-800-955-1819, or via their web site.
Medical records are the property of the practitioner; however, the consumer is entitled to copies of those records under the provisions of several sections of the Virginia Code, including: §32.1-127.1:03 Patient Health Records Privacy; §51.4-111(C)(ii) Unlawful Acts; prosecution, proceedings in equity; and §8.01-413 Certain copies of health care provider’s records or papers of patient admissible, right of patient or his attorney to copies of such records or papers, subpoena, damages, costs and attorney’s fees. To search for laws or regulations you may access the Virginia Legislature Information System.
You or your authorized representative must request a copy of your medical record in writing to the provider. The provider has 30 days to respond to you. If the provider does not respond to your written request after 30 days, you have the option to file a complaint with our agency. Be sure to keep a copy of the written request you send to the provider and its delivery method, as it may be needed later on if an investigation is conducted.
In general, the Department is unable to assist in identifying the practitioner you wish to complain about. You may want to contact the practice or facility to request information, review your medical records, or use the License Lookup feature on our website for more information.
There isn’t a set timeframe. Each case is different therefore the processing time from start to finish may vary. The agency thoroughly reviews every complaint, in line with our mission to ensure safe and competent patient care.
Unfortunately it is not that simple. There is no instantaneous action that the Enforcement Division can take. However, if you file a complaint, the Department may begin an investigation to look into the matter.
There are certain situations that hospitals, other health care institutions, and licensees are required to report to the Department. You may wish to review §54.1-2400.6, §54.1-2909, and DHP Guidance Document 76-34.
DHP / the Boards do not have the legal authority to order reimbursement or award damages. You may wish to contact the civil court in your jurisdiction for additional information.
That is something you will have to determine; the Department is unable to provide legal advice.
You are not required to be present at your informal conference or formal hearing in order for the Board to hear the case and make a decision regarding your license. The Board will convene the informal conference or formal hearing whether you are present or not. If you do not appear, you will not have the chance to respond to any questions Board members may have regarding the allegations against you.
If you want to attend but are unable to attend the informal conference or formal hearing on the scheduled date, you should request a continuance in writing as soon as possible. Please refer to your notice for filing deadlines and take note that you must provide ";good cause" for not being able to attend. It is up to the Board to decide whether to grant or deny your request for a continuance.
You may hire an attorney to represent you, but you are not required to have an attorney at an informal conference or formal hearing. Neither the Board nor the Commonwealth will appoint an attorney for you. If you do hire an attorney, he or she should notify the Board in writing as soon as possible that he or she has been retained.
You may not have anyone who is not a licensed Virginia attorney represent you at an informal conference or formal hearing without the Board's permission. See the Agency's policy document on Pro hac vice practice, Admission of Out-of-State Counsel and Practice by Non-Lawyers, for further information.
All administrative proceedings are held at the Virginia Conference Center located at:
Perimeter Center
9960 Mayland Drive
Suite 201
Henrico, Virginia 23233
Click here for Directions
The Perimeter Center building is the same building where the Board offices are located at the Department of Health Professions.
Virginia Code § 54.1-2400(10) allows a Board to delegate the authority to conduct informal fact-finding conferences to an Agency Subordinate. An Agency Subordinate may be a current or former member of a Board, a staff member, or any other individual designated by the agency. After the informal conference, the Agency Subordinate makes a recommendation to the Board as to whether a respondent has violated the laws and regulations identified in the notice and, if so, what sanction, if any, the Board should impose. The respondent will have the opportunity to review and respond to the Agency Subordinate's recommendation in writing before it is presented to the Board. The Board can either accept the recommendation, modify the recommendation, or reject the recommendation and schedule a formal hearing. You will be notified in writing of the Board's decision. See Agency policy: The Adjudication Process, for further information.
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Informal Conference before a Special Conference Committee |
Informal Conference before an Agency Subordinate |
Formal Administrative Hearing |
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A chance for you to discuss the allegations one-on-one with the Board |
A chance for you to discuss the allegations one-on-one with a representative of the Board |
Similar to a courtroom trial. |
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Are there witnesses? |
No witnesses testify under oath |
No witnesses testify under oath |
Witnesses testify under oath |
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Is the proceeding recorded? |
No court reporter |
No court reporter |
Proceedings recorded by a court reporter |
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Who may be there? |
Two or three members of the Board serving as the SCC, Board Staff, Adjudication Specialist, respondent (and counsel), any interested members of the public, the news media, the source of the complaint |
The Agency Subordinate, Board staff, Adjudication Specialist, respondent (and counsel), any interested members of the public, the source of the complaint |
Board members acting as triers of fact, Assistant Attorney General serving as Board counsel, Board staff, court reporter, Adjudication Specialist, Assistant Attorney General serving as prosecutor, respondent (and counsel), witnesses, the source of the complaint, any interested members of the public |
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What will happen? Will I get a chance to speak and tell my side? |
You will have an opportunity to respond to the allegations. The SCC will review the investigative report and any documents you submit with you. |
You will have an opportunity to respond to the allegations. The Agency Subordinate will review the investigative report and any documents you submit with you. |
Commonwealth and respondent make opening statements, present documentary evidence, call witnesses, cross-examine the other party's witnesses, make closing arguments, present proposed findings of fact and conclusions of law. You may testify. |
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Who can ask me questions? |
SCC members, Board staff, and Adjudication Specialist may ask the respondent questions. |
Agency Subordinate, Board staff, and Adjudication Specialist may ask the respondent questions. |
Board members and Assistant Attorney General or Adjudication Specialist may ask the respondent questions. |
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How do they make their decision? |
SCC goes into a closed meeting to deliberate. Board staff and Adjudication Specialist may attend closed meeting. |
Agency Subordinate does not go into closed meeting. |
Board goes into closed meeting to deliberate. Board counsel and Board staff may attend closed meeting. Adjudication Specialist and AAG serving as prosecutor do not attend closed meeting. |
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Will they use the Sanctioning Reference Points? |
Yes |
Yes |
No |
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What can they do to me and my license? |
SCC may exonerate you and close the case, reprimand, impose monetary penalty, place respondent on probation and/or under terms and conditions, grant or deny a license application. If the SCC believes suspension or revocation is warranted, it may refer the matter to the Board for a formal administrative hearing and/or offer a consent order for suspension or revocation. |
Agency Subordinate may exonerate a respondent. All other actions must be submitted to the Board in the form of a recommendation. |
Board may exonerate, reprimand, impose monetary penalty, place respondent on probation and/or under terms and conditions, suspend or revoke license, grant or deny a license application |
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When will I hear the decision? |
SCC goes back into open meeting and announces decision. The decision will be mailed to you in writing in the form of an Order or a letter of closure. |
Agency Subordinate has 90 days to recommend decision to the Board. The recommendation will be mailed to you in writing. Board considers recommendation at its next meeting. Board's decision will be mailed to you in writing in the form of an Order. |
Board goes back into open meeting and announces decision. The decision will be mailed to you in writing in the form of an Order. |
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How can I appeal the decision? |
Appeal decision of SCC by requesting a formal administrative hearing before the Board. Appeal must be in writing and requested according to appeal deadlines contained in the Board's decision. Upon request for formal hearing, informal conference order is vacated. |
A respondent may appeal the Board’s decision by requesting a formal administrative hearing. Appeal must be in writing and requested according to appeal deadlines contained in the Board's decision.
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Appeal decision of Board to circuit court. Appeal must be noted according to appeal deadlines contained in the Board's decision and requirements of Virginia Supreme Court Rule 2A:2. |
All informal conferences and formal hearings are public proceedings. You may bring anyone with you to your informal conference or formal hearing. At an informal conference, it is up to the Chair of the Committee or the Agency Subordinate to decide whether to allow anyone other than yourself and your attorney to speak on your behalf. At a formal hearing, you may present any witnesses you believe may have relevant testimony. However, the formal hearing Chair may limit repetitive or irrelevant testimony.
See the Agency's policy document regarding Subpoenas for disciplinary hearings for further information.
The Committee, Agency Subordinate, or panel of the Board hearing your case will have a copy of the investigative report, which should include all documents that you have already provided to the investigator. If you have any additional documents you wish the Board to consider, you should provide the required number of copies to the Board before the proceeding, according to the deadlines set out in your Notice of Informal Conference or Notice of Formal Administrative Hearing. Failure to adhere to these deadlines may result in your documents not being considered by the Board at the proceeding. See Agency policy: The Adjudication Process, for further information.
All informal conferences and formal administrative hearings are public proceedings. Any member of the public, including the news media, may attend. The Board will send notice of the proceeding to the source of the complaint, who may also be present. The Board members who make up the Special Conference Committee, or the Agency Subordinate, will preside over the informal conference. Also in attendance will be Board staff and an Adjudication Specialist from the Administrative Proceedings Division.
At formal administrative hearings, a panel of the Board members will hear and decide your case. Also present will be Board staff and an attorney from the Office of the Attorney General, who serves as counsel to the Board. Either an Adjudication Specialist or another attorney from the Office of the Attorney General will prosecute the case on behalf of the Commonwealth. A court reporter will be present to record the hearing. Both the Commonwealth and the respondent may subpoena witnesses to attend and testify under oath at the hearing. See Agency policy: The Adjudication Process, for further information.
All informal conferences and formal administrative hearings are public meetings that anyone may attend. The Board will notify the source of the complaint of the date and time of the proceeding. The source may or may not be present. At an informal conference, the SCC or Agency Subordinate has the discretion to allow the source to speak. At the formal hearing, the source may be subpoenaed to testify.
The respondent has the right to address the SCC or Agency Subordinate at an informal conference or the Board at a formal hearing. If the respondent is represented by an attorney, the attorney may address the SCC, Agency Subordinate, or Board on behalf of the respondent. At informal conferences, the SCC or Agency Subordinate has the discretion to decide whether to hear from anyone else in attendance. At a formal hearing, the respondent and the Commonwealth may call anyone to testify as a witness. The hearing Chair has the right to limit repetitive or irrelevant testimony.
In general, at informal conferences, there are no witnesses and there is no cross-examination. The SCC or Agency Subordinate has the discretion to allow anyone to speak on behalf of the Commonwealth or the respondent, and the SCC or Agency Subordinate may ask questions of anyone who is allowed to speak. The SCC or Agency Subordinate also has the discretion to allow the respondent to ask questions of any speaker.
At the formal hearing, you have the right to cross-examine any witness for the Commonwealth. Likewise, the Assistant Attorney General or Adjudication Specialist who is prosecuting the case may cross-examine you and your witnesses, and Board members may ask questions of you and all witnesses.
All meetings and hearings of the Boards are open to the public. However, pursuant to Virginia Code § 2.2-3711(15), you may request a closed meeting if your personal medical and/or mental health records need to be discussed during the administrative proceeding. During this closed portion of the meeting, only your personal medical and/or mental health records can be discussed and the public is not allowed to attend. The Board will receive other evidence and testimony relevant to your case in an open meeting.
There is no set time limit for the informal conference or formal administrative hearing. The proceeding will be concluded when the Committee, Agency Subordinate, or panel of the Board is certain that you have had the opportunity to be heard and that it has received and considered all of the evidence necessary to make a fair decision in your case.
Pursuant to Virginia Code §54.1-2400(9), a license, certificate, registration, multi-state licensure privilege or permit may be surrendered in lieu of disciplinary action. Surrender of a license can occur any time prior to an administrative proceeding, and is formalized in a consent order. The consent order includes Findings of Fact and Conclusions of Law and accepts the surrender for either suspension or revocation of the license.
To discuss a possible consent order in lieu of an administrative proceeding, please contact the Board office. If you have retained an attorney, the attorney should contact the Board. However, the attorney must send a letter of representation to permit discussion of the matter with the Board staff. While the Board may consider a proposed prehearing consent order, settling the matter by consent is not possible in all cases.
The Board will determine if additional time may be granted for you to consider, sign and return the consent order. To discuss this option, please contact the Board immediately at the telephone number provided in your cover letter. If you have retained an attorney, the attorney should contact the Board. However, the attorney must send a letter of representation to permit discussion of the matter with the Board staff.
If you do not sign the consent order, the Board may proceed with disciplinary action against you.
Typically, if you sign a consent order, it is in lieu of an administrative proceeding and the pending informal conference or formal hearing will be cancelled. However, please note that if the consent order is submitted close to the day of the scheduled proceeding, you must contact the Board regarding your need to appear. A consent order must be accepted by the Board before it is considered a final resolution of the matter.
"Burden of proof" is the necessity of establishing facts in dispute on an issue before the Board. The burden of proof must be met in order to create a reasonable belief in Board members that those facts are true. In cases alleging that a licensee has violated a law or regulation governing their profession, the Commonwealth has the burden of proving the allegations. In cases where an individual seeks a license or reinstatement of a license, the individual has the burden of proving that they meet the requirements for licensure or reinstatement and are safe and competent to practice.
The Board must find that disputed facts have been proven by "clear and convincing" evidence in order to find a respondent in violation of applicable laws and regulations and to impose a sanction. This standard of proof is less burdensome than proof "beyond a reasonable doubt," which is the standard in criminal cases.
The Boards within the Department of Health Professions may take actions as identified in Virginia Code §54.1-2400. The actions the Board may take include: dismiss the case and exonerate you; modify a previous order regarding you; approve your initial licensure application (with or without terms or conditions on your practice); deny your initial licensure application; reinstate your license (with or without terms or conditions on your practice); deny your reinstatement application; place you on probation; reprimand you; impose a monetary penalty; or suspend or revoke your license. Following the proceeding, the Board actions are mailed to you in the form of an order issued by the Board.
See the response to FAQ #19 regarding what actions the Board can take following an informal conference conducted by a Special Conference Committee versus an Agency Subordinate, and those following a formal hearing.
All cases are handled on an individual basis. However, each Board has developed and adopted a Sanctioning Reference Point (SRP) system for certain types of cases it considers on a regular basis.
The SRP system provides the Board with a tool designed to help it standardize disciplinary actions when sanctions are considered as a result of professional misconduct. The Board is only guided by the SRP system worksheet and may deviate from the predicted sanctions based upon the facts and circumstances of a given case.
The SRP system is only used for consideration by the Board in sanctioning with offered prehearing consent orders and at informal conferences. It is not used at formal hearings. Boards have adopted SRP Manuals as Guidance Documents or policies. They can be accessed from each Board’s webpage link as listed below:
Audiology & Speech-Language Pathology
Dentistry
Funeral Directors & Embalmers
Long-term Care Administrators
Medicine
Nursing
Optometry
Pharmacy
Physical Therapy
Psychology
Social Work
Veterinary Medicine
The Board deliberates during a closed meeting to make a decision once all the evidence and testimony has been presented at both informal conferences conducted by a Special Conference Committee and at all formal hearings. In most instances, after the Board makes its decision, it will reconvene in an open meeting and announce the decision regarding your case. Following the announcement, you may not discuss the decision with the Board members. However, you may ask questions of Board staff once outside the room. Subsequently, the Board's decision will be mailed to you in writing along with any further instructions.
If your informal conference was conducted by an Agency Subordinate, there is no case deliberation, no immediate decision is made, and no announcement will be made at the conclusion of your case. The written recommendation of the Agency Subordinate will be mailed to you within 90 days. The Board may accept, modify or reject the recommendation of the Agency Subordinate. If accepted or modified, an Order will be issued and mailed to you. If rejected, the case will be referred to a formal hearing of a panel of the Board. Please see the response to FAQ #4 for more information about Agency Subordinate informal conference processes.
For Informal Conferences conducted by a Special Conference Committee: Although the decision may be announced at the conclusion of an informal conference conducted by a Special Conference Committee, the decision does not go into effect until 33 days following the date the order is signed and entered. During the 33 days, you may appeal the decision and a formal hearing will be convened before the Board. Upon receipt of your appeal, the informal conference order will be vacated and will not go into effect.
For Informal Conferences conducted by an Agency Subordinate: The decision does not go into effect until 33 days following the date the order is signed and entered. During the 33 days, you may appeal the decision to a formal hearing with the Board. Upon receipt of your appeal, the informal conference order will be vacated, will not go into effect, and a formal hearing will be convened.
For Formal Hearings: Although the decision may be announced at the conclusion of a formal hearing, the decision does not go into effect until the written order is signed and entered by the Board. This is a final decision of the Board and may only be appealed to the circuit court. The Board’s order includes the date it becomes final and deadlines for appealing the decision. Once a deadline has passed, your right to appeal has expired. It is your responsibility to ensure all paperwork is filed with the circuit court pursuant to Rule 1A:4 of the Rules of the Supreme Court of Virginia. See also Agency policy: The Adjudication Process.
All notices of proceedings and orders are public information pursuant to Virginia Code § 54.1-2400.2(G). Notices and the resulting orders, which contain findings of fact and conclusions of law, will be published on the DHP website. If your case was ultimately dismissed following a proceeding, the notice will not be published on the agency’s website, although it remains public information by law. However, on the agency website, the following statement will be posted to your license in the License Lookup section: This practitioner was the subject of a proceeding that did not result in disciplinary action. If you want further information, you may contact the [relevant Board]. Please see Guidance Document 76-10.17.
Although the notice and order are public information, the investigative report remains confidential, pursuant to Virginia Code §54.1-2400.2(A).
The Board’s final decision is provided to the source of the complaint made against you pursuant to Virginia Code §54.1-2400.2 . Additionally, the decision is provided to the National Practitioner Data Bank , except for the Boards of Veterinary Medicine and Funeral Directors. The decision will also be provided to other state boards. As noted in the response to FAQ #23, Board decisions are posted on the agency’s website in the License Lookup section pursuant to the Department of Health Professions Policy #76-1.17.
Board actions remain a part of the public record. Anyone can obtain a copy of your disciplinary notice and order at any time either from the agency’s website or directly from the Board office.
Public notices and orders of Board action are published on the DHP website License Lookup, pursuant to the Department of Health Professions Policy #76-10.17. The License Lookup contains current licensee records and also records of licensees whose license has expired since January 1, 2000. Any license that has been revoked or suspended and not reinstated will remain posted on the License Lookup section for 50 years.
If your license is revoked, you are eligible to apply for reinstatement after three years from the date of entry of the revocation order, pursuant to Virginia Code §54.1-2408.2. However, licensees of the Board of Medicine whose licenses are revoked due to boundary issues cannot apply for reinstatement for five years pursuant to Virginia Code §54.1-2408.2 . Additionally, Certified Nurse Aides (C.N.A.s) who are revoked based upon a Finding of Abuse, Neglect or Misappropriation of Patient Property are not eligible for reinstatement according to federal law and 18 VAC 90-25-80(B)(2) of the Regulations Governing Certified Nurse Aides . The only exception to permanent revocation for C.N.A.s with one of these Findings is for a Finding of Neglect based upon a single incident as provided in 18 VAC 90-25-81.
If your license is suspended, the Order will indicate when you are eligible to apply for reinstatement. When you apply to reinstate your license following a suspension or revocation, the burden of proof will be on you to demonstrate to the Board that you are safe and competent to return to practice.