Chap. 151.—An ACT to repeal Sections 1703 to 1714, both inclusive, of the Code
of Virginia, as amended, relating to the practice of the professional nursing
of the sick, and to amend the Code of Virginia by adding thereto and inserting
in Chapter 71 thereof in lieu of the sections herein repealed twelve new sections
numbered 1703 to 1714, both inclusive, defining and regulating the nursing of
the sick in the State of Virginia, [H B 122}

Approved March 11, 1946

Be it enacted by the General Assembly of Virginia:
1. That sections seventeen hundred three to seventeen hundred
fourteen, both inclusive, of the Code of Virginia, as amended, be and the
same are hereby repealed.

2. That the Code of Virginia be amended by adding thereto and
inserting in chapter seventy-one thereof in lieu of the sections herein re-
pealed twelve new sections numbered seventeen hundred three to seven-
teen hundred fourteen, both inclusive, as follows:

Section 1703. Definitions—Whenever used in this chapter unless
expressly stated otherwise:

(a) The term “board” means the State Board of Examiners of
Nurses.

(b) The term “practice of Professional Nursing” means the per-
formance of any professional service requiring the application of the prin-
ciples of nursing based on biological, physical and social sciences, such as
responsible supervision of a patient requiring skill in observation of symp-
toms and reactions and the accurate recording of the facts and carrying
out of treatment and medications as prescribed by a licensed physician,
and the application of such nursing procedures as involve understanding
of cause and effect in order to safeguard life and health of a patient and
others ; and the terms “trained nurse’, “graduate nurse”, or “professional
nurse’ mean any person licensed as such by the Board.

(c) The term “practice of tuberculosis nursing” means the per-
formance of such duties as are connected with the medical or surgical
care of a tuberculosis patient, the carrying out of treatments and medi-
cations for a tuberculosis patient as prescribed by a licensed physician,
and the application of such nursing procedures as are usually involved in
the care of tuberculosis patients; the term “‘certified tuberculosis nurse”
means any person licensed as such by the Board.

(d) The term “Registered Practical Nurse” means any person
licensed as such by the Board to perform such duties as are required in
the physical care of a patient, and the carrying out of medical orders and
directions given by a licensed physician which require an understanding
of practical nursing procedures but not the technical understanding nec-
essary for professional service.

(e) The word “person” means any natural person, firm, associa-
tion or corporation.

(f) Any pronoun used herein importing the feminine gender only,
may extend and be applied to males as well as females.

Section 1704. Appointment of Board; terms; vacancies; qualifica-
tions of members.—The State Board shall be composed of six members,
five of whom shall be registered graduate nurses and one a registered
practical nurse as herein defined. The members in office when this
amendment takes effect shall continue therein until the end of their re-
spective terms. As soon as practicable after the effective date of this
amendment the Governor shall appoint to the Board a registered practi-
cal nurse to hold office for the term of five years. Upon the expiration
of the respective terms the Governor shall appoint a successor to each
person whose term of office has expired to hold office for five years.
Appointments shall be so made that the Board at all times will be com-
posed of five registered graduate nurses and one registered practical
nurse. No person except the secretary of the board shall be eligible to
serve more than two successive terms nor shall more than two members
of the board be persons engaged in teaching in any training school for
nurses. The Graduate Nurses Association of Virginia may submit rec-
ommendations to the Governor for appointment to any vacancy on the
board, but the Governor shall not be limited in appointment to those so
recommended. In case the appointment of a successor is not made be-
fore the expiration of the term of any member, such member shall hold
office until a successor is appointed and duly qualified. Any vacancy
occurring in membership of the board shall be filled by the Governor for
the unexpired term of such membership. The Governor may remove
any member of the board for misconduct, incapacity, or neglect of duty,
and he shall be the sole judge of the sufficiency of the cause for removal.
He shall report every such removal at once to the General Assembly if
it 1s in session, and if it is not in session, then at the beginning of the
next session. Each registered graduate nurse appointed to the board
after the effective date of this act shall be a citizen of the United States
and a resident of the State of Virginia, shall have completed at least an
approved four year high school course of study, shall have graduated
from an accredited school of nursing, shall be licensed as a registered
nurse in this State, shall have had at least five years experience in nursing
following graduation with at least five years executive or teaching experi-
ence in nursing education, and shall have been actively engaged in the
practice of nursing within two years of her appointment.

Section 1705. Oaths; officers of the board; powers thereof ; duties ;
inspector of training schools; salaries —The members of the State Board
of Examiners of Nurses shall, before entering on the discharge of their
duties, make and file with the State Comptroller the oath of office re-
quired by the Constitution. They shall annually, in the month of Janu-
ary, elect from their number a president and a secretary, who shall be
the treasurer. The treasurer, before entering upon her duties, shall give
bond to the Commonwealth of Virginia with corporate surety in such
sum as shall be required by the Board, conditioned upon the faithful dis-
charge of the duties of her office, which bond, with the approval of the
board endorsed thereon, shall be deposited with the Comptroller. The
board shall adopt rules and regulations not inconsistent with this chapter
to govern its proceedings, and also a seal, which shall be in the care and
custody of the secretary. The secretary shall keep a record of all pro-
ceedings of the board, including a register of the names of all nurses
duly registered under this chapter, which shall be open at all reasonable
times to public inspection. The board shall cause to be prosecuted all
persons violating any of the provisions of this chapter, and may incur
any necessary expense for that purpose. The board may annually ap-
point an inspector of training schools for nurses, whose duties shall be
prescribed by the board, and in its discretion, may appoint the secretary
of the board as such inspector. The secretary of the board may receive
a salary to be fixed by the board, and shall receive the same per diem
while holding examinations as the other members of the board but not to
exceed thirty dollars for any one examination, and shall also receive
traveling and other expenses incurred in the performance of her official
duties. The members of the board shall receive the sum of ten dollars
tor each day actually engaged in this service, and all legitimate and nec-
essary expenses incurred in attending the meetings of the board.

Three members of the board shall constitute a quorum. Special
meetings of the board shall be called by the secretary upon written re-
quest of any two members. The board shall adopt rules and regulations
for the examination of applicants for certificates to practice nursing of
the sick in accordance with the provisions of this chapter, and may
amend, modify and repeal such rules and regulations from time to time.

Section 1706. Examinations; certificates—-An examination for
certificates to practice nursing shall be given by the board at least twice
in each year, after notice of the time and place of holding each examina-
tion has been published in such newspapers as may be selected by the
board. Examinations may be given by the board or by a committee of
two members designated by the board. The examinations shall be of
such character as to determine the fitness of the applicant to practice nurs-
ing of the sick in the particular field of practice designated in the appli-
cation. In the discretion of the board written examinations may be sup-
plemented by oral or practical examinations. If the result of the ex-
amination of any applicant shall be satisfactory to a majority of the board,
the secretary shall, upon an order of the board, issue to the applicant a
certificate to that effect; whereupon the person named in the certificate
shall be declared duly licensed to practice in this State the branch of
nursing shown in such certificate.

Section 1707. Qualifications of Applicant; fees—(a) An appli-
cant who desires to practice professional nursing shall furnish satisfac-
tory evidence that she is at least twenty years of age, is of good moral
character, has received sufficient preliminary education to meet the re-
quirements fixed by the board, and has graduated from a training school
of a hospital giving practice in medical, surgical, obstetrical and pediatric
nursing, either through and under the hospital organization or by afhlia-
tion, which training school maintains the standards required by the board
and gives at least two years’ training in the hospital and systematic
courses of instruction, and at which training school the applicant shall
have attended at least eighteen consecutive months prior to graduation.

(b) An applicant who desires to practice tuberculosis nursing shall
furnish satisfactory evidence that she is at least twenty years of age, is of
good moral character, has received such preliminary education as shall
be deemed necessary by the board, and has met all the requirements pre-
scribed for a two years training period in one of the State tuberculosis
sanatoria.

(c) An applicant who desires to be licensed as a registered prac-
tical nurse shall furnish satisfactory evidence that she is at least eighteen
vears of age, is of good moral character, 1s in good physical and mental
health, has completed at least the elementary grades in school or the
equivalent thereof, and has successfully completed a period of not less
than nine months of training for practical nursing under a program ap-
proved by the State Board of Examiners of Nurses.
The fees for examination and certification shall be as follows: For
a professional nurse, fifteen dollars; for a tuberculosis nurse, fifteen dol-
lars; and for a registered practical nurse, ten dollars. Fees shall be paid
upon filing of applications.

Section 1708. Reciprocity with other states—The board, upon
written application and such references and proof of identity as it may
by rule prescribe, may issue a certificate to practice professional nursing
without examination to any person who shall have been registered as a
professional or registered nurse under the laws of any other state, pro-
vided the professional requirements for obtaining such registration in
such state were at the time of registration of the applicant equivalent to
the professional requirements for certification under this act, and that
such state grants a like privilege of registration to registered professional
nurses of this State.

The Board may license as a registered practical nurse, without ex-
amination, any person who has been duly licensed or registered as a prac-
tical nurse, or 1s entitled to perform similar services under any other title,
under the laws of any other state if in the opinion of the board the appli-
cant meets the requirements for a license as a registered practical nurse
under the provisions of this act.

Section 1709. Waiver of requirements as to certain practical nurses.
—Upon application to the board filed prior to July one, nineteen hun-
dred forty-seven, the board shall issue a license to practice as a registered
practical nurse to any person who shall submit to the board written evi-
dence, verified by oath, on forms furnished by the board and to be sent
by it at least six months prior to said date, to all licensed physicians in this
State and to other persons who apply therefor prior to said date, that the
applicant is at least twenty years of age, 1s of good moral character, is a
citizen of the United States and a resident of this State, is in good physi-
cal and mental health, has lived in and cared for the sick in this State for
one year immediately preceding the date of such application.

Each applicant must be favorably endorsed by a physician licensed
to practice in this State who has personal knowledge of the applicant’s
qualifications as a practical nurse, and, unless waived by the board, must
be endorsed by two persons who have employed the applicant in the ca-
pacity of a practical nurse within the preceding three years. A fee of
five dollars shall accompany each application filed under this section.

Section 1710. Renewal of certificates annually—The license or
certificate of every person practicing nursing under the provisions of this
chapter shall be renewed annually upon application to the board. On or
before December thirty of each year the secretary shall mail an applica-
tion for renewal of certificate to every licensed practitioner of nursing in
the State, but the failure to receive such application shall not excuse any
practitioner from the requirements for renewal herein contained. The per-
son receiving such application shall furnish the information indicated
thereon and return the form to the board with a renewal fee of one dollar
prior to January thirty-one of the following year. Upon receipt of the ap-
plication duly filled in and signed and the required fee, the secretary of the
board shall issue to the applicant a certificate of renewal for the period
beginning January one and ending December thirty-one of the current
year. Such certificate of renewal shall constitute the holder thereof a duly
licensed practitioner of nursing in the branch or field of practice and for
the period indicated on such certificate.

Section 1711. Revocation or suspension of certificates; new certi-
ficates thereafter—The board may revoke or suspend any certificate or
license issued under the provisions of this chapter, for gross incompe-
tency, dishonesty, habitual intemperance, or any act derogatory to the
morals or standing of the profession of nursing as determined by the
board. Before any certificate of license shall be revoked the holder thereof
shall be entitled to at least thirty days notice of the charge against her, and
of the time and place such charges will be heard by the board, at which
time and place she shall be entitled to appear 1n person and be represented
by counsel, and to present testimony of witnesses in her behalf. No
such certificate or license shall be revoked or suspended except upon the
affirmative vote of at least four members of the board. Upon the revoca-
tion of any certificate or license, it shall be the duty of the secretary of
the board to strike the name of the holder thereof from the roll of reg-
istered or certified nurses.

Where the certificate or license of any person has been revoked as
herein provided, the board may, after the expiration of three months,
and upon payment of a fee of five dollars, entertain an application for and
grant a new certificate or license without further examination. No such
new certificate or license shall be granted except upon the affirmative
vote of at least four members of the board.

Section 1712. Schools of Nursing accredited; approved courses
for practical nurses; subsequent surveys.—Any institution desiring to
conduct a school of nursing shall apply to the board and submit evidence
that it is prepared to give the required course of theoretical instruction
and practical training and experience in professional nursing prescribed
in the curriculum adopted by the board, and that it is prepared to meet
other standards established by the board and by law. Upon receipt of
such application a survey of the institution shall be made by the inspector
of the board, and a written report of such survey made to the board.
If the board be of the opinion that the institution meets the requirements
theretofore established it shall approve the school as an accredited school
of professional nursing. The board may in its discretion approve any
school for a part of the curriculum only, and student nurses may obtain
the required course from one or more schools approved by the board.

Any institution desiring to conduct a course for training practical
nurses shall apply to the board and submit evidence that it is prepared to
give a course of not less than nine months of theoretical instruction and
practical training and experience in practical nursing prescribed in a cur-
riculum adopted by the board, and that it 1s prepared to meet other stand-
ards established by the board and by law. Upon receipt of such applica-
tion a survey of the institution shall be made by the inspector of the
board, and a written report of such survey made to the board. If the
board be of the opinion that the institution meets the requirements there-
tofore established it shall approve the course as an-accredited course for
the training of practical nurses.

From time to time as may be deemed necessary by the board, it shall,
through its inspector or otherwise, survey all schools of professional nurs-
ing and all courses for the training of practical nurses in the State. Writ-
ten reports of such surveys shall be submitted to the board. If the board
determines that any accredited school of professional nursing or any ac-
credited course for the training of practical nurses, is not attaining the
standard required by the statutes and the board, notice thereof in writ-
ing specifying the deficiencies shall be given immediately to the institu-
tion maintaining such school or giving such course. If the deficiencies
are not corrected to the satisfaction of the board within a reasonable time
the school of nursing or the course of training, as the case may be, shall
be removed from the accredited list.

Section 1713. Violations; penalties; exemptions.—After the ef-
fective date of this act it shall be unlawful for any person to

(a) Practice professional or tuberculosis nursing as defined in this
chapter without having obtained a certificate or license therefor from the
State Board of Nurse Examiners, or practice professional or tuberculosis
nursing under any diploma, certificate, license or record illegally or
fraudulently obtained or signed or issued unlawfully or under fraudulent
representation ;

(b) Practice professional or tuberculosis nursing during the time her
certificate or license issued under the provisions of this chapter shall be
suspended or revoked ;

(c) Make any false statement or representations to the board in ap-
plying for a certificate or license under this chapter ;

(d) Use the abbreviation R. N., or any other designation to indi-
cate that she is a trained or graduate or professional nurse unless licensed
as a professional nurse under the provisions of this chapter.

(e) Use the term certified tuberculosis nurse or C. T. N., or other
designation to indicate that she is a certified tuberculosis nurse unless
licensed as such under the provisions of this chapter ;

(f{) Use the term licensed or registered practical nurse or other
designation to indicate that she is a licensed or registered practical nurse
unless licensed as such under the provisions of this chapter ;

(g) Conduct a school of nursing or a course for the training of
practical nurses unless the school or course has been accredited by the
board ;

(h) Otherwise violate any of the provisions of this chapter.

Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be fined not less than fifty dollars nor more than
two hundred dollars for the first offense, and not less than one hundred
dollars nor more than five hundred dollars for each subsequent of-
fense.

Section 1714. Exemptions.—The provisions of this chapter shall
not be construed to affect or apply to (a) the gratuitous nursing of the
sick; or (b) to part-time nursing for compensation under the supervision
of a licensed physician; or (c) to persons acting as companions for the
infirm or (d) to any person who does not in any way assume or hold
himself out to be a registered professional or graduate nurse, or a certi-
fied tuberculosis nurse, or a registered practical nurse, but nothing in this
act shall be construed to prevent a person from holding himself or herself
out as a practical nurse so long as no claim is made that he or she is a
registered practical nurse.