CHAPTER 166

An Act to amend and reenact §§ 54-282, 54-292, 54-316, 54-8317, 54-319
and 54-320, as severally amended, of the Code of Virginia, relating to
the regulation and licensure of. the practice of medicine and the
healing arts; to repeal §§ 54-280.1, 54-806.1 and 54-808.1 through
54-808.4 of the Code of Virginia, relating to the same subject matter;
and to further amend the Code of Virginia by adding thereto sections
numbered 54-317.2 and 54-818.1, relating to the procedure for requtr-
ing certain reports from persons licensed to practice medicine and the
healing arts upon treating certain persons for alcoholism, drug addic-
tion, mental, emotional or personality disorders and to create a special
committee to take certain preventive actions and perform other duties.

[H 390]
Approved March 15, 1966
Be it enacted by the General Assembly of Virginia:

1. That §§ 54-282, 54-292, 54-316, 54-317, 54-8319 and 54-820, as sever
ally amended, be amended and reenacted and that the Code of Virginia b
further amended by adding thereto sections numbered 54-317.2 an
54-318.1, the amended and new sections being as follows:

§ 54-282. The Board of Medical Examiners for the State of Virgini:
is continued, and shall consist of one medical physician from each con
gressional district, and one homeopath, one osteopath, one chiropodist, |
one chiropractor and one naturopath from the State at large. The firs
chiropodist member shall be appointed for a term to expire five year
from June thirty, nineteen hundred fifty.

§ 54-292. The Board, or any committee thereof, may employ counsel
shall have the power to cause investigations to be made, to compel attend
ance of witnesses, issue subpoenas, and administer oaths in connection
with any investigation, hearing or disciplinary proceeding held under thi:
chapter, and may take testimony * or cause depositions to be taken con-
cerning all matters within its jurisdiction.

§ 54-316. The Board may refuse to admit a candidate to any exami
nation, and may refuse to issue a certificate to any applicant who ee
for the same through reciprocity or otherwise, and may suspend for «
stated period of time or indefinitely, or revoke any certificate or licenss
held by any person or censure or reprimand such person or place him or
probation for such time as it may designate and direct that during such
period he furnish the secretary of the Board at such intervals as it may
direct, evidence that he 18 not practicing his profession, in violation of the
provisions of this chapter, if it find that such candidate, applicant o1

nsee:

(1) Has made false statements or representations or has been guilty
of fraud or deceit in obtaining admission to the practice, or has been
guilty of fraud or deceit in the practice, of any branch of the healing arts:

(2) Uses intoxicating liquors, narcotics, or other drugs to the extent
par he is unfitted for the performance of his professional obligations and

uties;

(3) Is guilty of immoral conduct, or of unprofessional conduct as
defined in § 54-317;

(4) Is grossly ignorant or careless in his practice, or is guilty of
gross malpractice;

(5) Is mentally or physically incompetent to practice his profession
with ete fety to his patients and the public.

17. Any practitioner of medicine, homeopathy, osteopathy,
shire practic, naturopathy, chiropody (podiatry) or physical therapy shall
be considered guilty of unprofessional conduct if he:

(1) Undertakes or engages in any manner or by any means what-
soever to procure or perform or to aid or abet in procuring or performing
a criminal abortion; or

(2) Engages in the practice of * any of the healing arts under a false
or assumed name, or impersonates another practitioner of a like, similar
or different name; or

(3) Prescribes or dispenses any morphine, cocaine, or other narcotic
with intent or knowledge that it shall or will be used otherwise than
medicinally or for accepted therapeutic purposes, or with intent to evade
any law with respect to the sale, use or disposition of such drug; or

(4) Issues or publishes in any way whatsoever advertising or other
matter in which grossly improbable or extravagant statements are made,
or which have a tendency to deceive or defraud the public or to impose
upon credulous ignorant persons ; or
diseases, ailments or infirmities by any secret method, procedure, treat-
ment or medicine, or in which he claims that a manifestly incurable
disease or infirmity can be permanently cured; or

(6) Advertises or professes or holds himself out as being able and
willing to treat human ailments under a system or school of practice other
than that for which he holds a certificate or license granted by the Board;
or

(7) Violates any of the provisions of § 54-278 or practices any
branch of the healing arts in violation of the provisions of | this chapter; or

(8) Being a practitioner of physical therapy, undertakes to practice
physical therapy, independently of the prescription or direction of a duly
licensed doctor of medicine, homeopathy or osteopathy ; or

(9) Knowingly and willfully commits any act which is a felony under
the laws of this State or of the United States, or any act which is a mis-

anor under such laws and involves moral turpitude; or

(10) Atds or abets, has professional connection with, or lends his
name to any person known to him to be practicing illegally any of the
healing arts; or

(11) Conducts his practice m a manner contrary to the standards of
ethics of his branch of the healing arts or in such a manner as to make
oa practice a danger to the health and welfare of his patient or to the

§ 54-817.2. (a) It shall be the duty of ev practitioner of the
healing arts in the State who treats professionally for “leoholism or drug
addiction or for mental, emotional or personality disorders any person
lacensed under this chapter to practice any of the healing arts to report
the same to the Board if he feels that the continuance in practice by such
person would constitute a danger to the health and welfare of his patients
or the public. Such report shall be in writing directed to the secretary of
the Board, shall give the name and address of the patient treated, the
condition found, and shall state the opinion of the practitioner as to
whether am investigation should or should not be made by the Board or a

special committee of the Board.

(b) Any person making a report required by this section or testifying
in a judicial proceeding as a result of such report shall be immune from
any civil or criminal lability resulting there from unless tt appears that
such person acted in bad faith or with malicious intent.

§ 54-318.1. Upon receipt of information that a practitioner of any
of the healing arts is or may be subject to punitive action by the Board on
any of the grounds set out in § 54-816, the secretary of the Board shall
notify the president thereof of such information, and the president may
appoint a special committee of three members of the Board. o of which one
shall be designated as chairman. The secretary shall then notify the chatr-
man of the appointment and transmit to him the information received.

The Chairman shall thereupon mail to the practitioner a statement
of such information and a request for an informal conference with the
committee at a time and place to be specified in the request, together with
a statement of the action the committee is authorized to take after such
conference. If after such conference at which the practitioner may appear,
a majority of the committee is of opinion that a suspension or revocation
of the practitioner’s license may be justified, or in the event of a violation
of the terms of the probation hereinafter authorized, the committee shall
present to the Board in writing its findings, and the Board may proceed
with a hearing thereon in like manner and with the same effect as is pro-
vided in § 54-819 for a hearing on charges made directly to the Board.

If after such informal conference the majority of the committee is
opinion that the information is without foundation, or that, if true,

the facts do not merit a formal hearing before the Board, the committee
either

(1) Nottfy the practitioner in writing that he 1s fully exonerated of
any charge that might affect his right to practice an the State.

(2) Reprimand or censure the practitioner.

_(8) Place the practitioner on probation for such time as it may

, and direct that during such period he furnish the committee or
its chairman, at such intervals as the committee may direct, evidence that
tet ts not practicing his profession in violation of the provisions of this

pter.

In the event the practitioner is reprimanded, censured, or placed on
probation, by the committee, he may notify the chairman in writing that
he desires a hearing before the Board, and the committee shall present
to the Board wn writing its findings and the request for a hearing, and
the Board shall proceed with a hearing thereon in like manner and with
the same effect as 1s provided in § 54-319 for a hearing on charges made
dsrectly to the Board. Upon the filing with the committee of the request of
the practitioner for a hearing before the Board and the filing with the
Board of its findings, all actions of the committee taken hereunder shall
be vacated.

If the medical member of the Board from the district in which the
practitioner tnvolved resides is not named as a member of the committee,
he shall have the right to sit with the committee at the conference, but
without any vote in the proceedings.

§ 54-319. In order for the Board to suspend or revoke the certificate
or license of a practitioner of medicine, homeopathy, osteopathy, chiro-
practic, naturopathy, chiropody, or physical therapy, or to censure, reprt-
mand or place on probation any such practitioner for any of the reasons
set out in §§ 54-316 or 54-317, the member of the Board, if any, residing
in the congressional district in which the practitioner resides, or if there
be no such member residing therein then any other member of the Board,
or any officer of the Board acting at the direction of the Board, or if the
charges involve a physical therapist, any member of the Committee shall
present to the Board in writing charges against the character or conduct
of the practitioner. If upon considering such charges the Board is of
opinion that a prima facie case has been made out, it shall appoint a time
and place for a hearing thereon. No such hearing shall be held until the
practitioner shall have been given at least ten days’ written notice of the
time and place thereof, which notice, together with a copy of the charges,
shall be served on him in accordance with the provisions of § 8-51.

The practitioner shall have the right of attendance upon the hearing
and to be represented by counsel, and to summon witnesses to testify in his
behalf at such hearing. The cost of employing such counsel and the expense
of obtaining attendance of the witnesses shall be borne by the practitioner.
The failure of the practitioner to attend, or his failure to defend himself,
shall not serve to delay or make void the proceedings. The Board shall have
the power to employ counsel and a stenographer and to summon witnesses,
and the cost thereof shall be paid out of the State treasury. Not less than
nine members of the Board, at least one of whom shall be of the same
school as the practitioner on trial, shall sit as the hearing body, and the
affirmative vote of not less than three-fourths of the members in attendance
shall be necessary to revoke or suspend a certificate or license, or to censure.
reprimand or place on probation any such practitioner, provided that if
the charges involve a physical therapist a member of the Committee shal]
sit with the nine members of the Board in an advisory capacity and without
vote. The proceedings at the hearing shall be recorded formally, and be
certified by the president and secretary of the Board.

§ 54-320. In case the certificate or license is suspended or revoked,

the practitioner is censured, reprimanded or placed on probation, as
provided in § 54-319, the practitioner affected may appeal from the decision
of the Board to the circuit court of the county or the circuit or corporation
court of the city within whose jurisdiction he resides, for a review of such
proceedings. If his license is suspended or revoked by the Board, the prac-
titioner shall not engage in the practice of any of the healing arts in the
State pending his application for and during proceedings in court. Such
proceedings shall be governed by 8§ 9-6.18 and 9-6.14 of the Code. Pending
the application for review, the practitioner shall not have the right to
practice within the State. The proceeding to review shall be begun by filing
a petition in such court reciting the facts and making the Board party
defendant. Summons to the Board to appear and answer the petition shall
be served upon the member of the Board residing in the congressional
district in which the county or city is located, or if there be no such
member residing therein then upon any other member of the Board wher-
ever found, at least ten days before the hearing. The judge of the court,
without the intervention of a jury, shall review the action of the Board
upon the record made as herein provided. The burden of proof shall be
upon the practitioner to establish his right to practice. It shall be the duty
of the Commonwealth’s attorney of the county or corporation to represent
the Board in the proceeding. From any judgment of the court upon the
issue reviewed there may be an appeal to the Supreme Court of Appeals
as in other cases.

2. §§ 54-280.1, 54-306.1 and 54-308.1 through 54-308.4 are repealed.

8. This act shall be in force on and after July one, nineteen hundred
sixty-six.