18VAC10-20-790: Prohibited acts

A license, certificate, or registration will not be sanctioned unless a majority of the eligible voting members of the entire board vote for the action. The board may discipline or sanction any regulant if the board finds that:

1. The license, certification, or registration was obtained or renewed through fraud or misrepresentation;

2. The regulant has been found guilty by a court of any material misrepresentation in the course of professional practice or has been convicted, pleaded guilty, or found guilty, regardless of adjudication or deferred adjudication, of any felony or non-marijuana misdemeanor that, in the judgment of the board, adversely affects the regulant's ability to perform satisfactorily within the regulated discipline. The board will review the conviction pursuant to the provisions of § 54.1-204 of the Code of Virginia;

3. The regulant has committed acts constituting professional incompetence or negligence, or involving dishonesty, fraud, misrepresentation, or breach of fiduciary duty related to the practice of the profession;

4. The regulant has abused drugs or alcohol to the extent that professional competence is adversely affected;

5. The regulant fails to comply, or misrepresents any information pertaining to compliance, with the requirements contained in this chapter;

6. The regulant violates or induces others to violate any provision of Chapter 7 (§ 13.1-542.1 et seq.) or 13 (§ 13.1-1100 et seq.) of Title 13.1, Chapters 1 (§ 54.1-100 et seq.) through 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia, or any other statute applicable to the practice of the professions regulated by this chapter;

7. The regulant has been disciplined by any county, city, town, state, or federal governing body. For purposes of this section, "discipline" means reprimand; civil or monetary penalty; probation, suspension, or revocation of a license; or cease and desist order. The board will review such discipline before taking any disciplinary action of its own; or

8. The regulant fails to notify the board within 30 days of having been disciplined by any county, city, town, state, or federal governing body as stipulated in subdivision 7 of this section.