Virginia Nurse Practice Act: Facility Guide

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Reviewed by Aldo Zilli, Esq. Senior Manager, B2B Content, IntelyCare
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As the nursing workforce grows and takes on additional responsibilities, regulatory oversight is needed to ensure safe and appropriate care. To govern nursing professional practice, each state is required to enact rules and regulations that promote clinical compliance and optimize patient outcomes. In Virginia, these laws are collectively referred to as the Virginia Nurse Practice Act.

The Nurse Practice Act (NPA) holds clinicians accountable for the quality of care they provide while practicing in Virginia. The legislation also establishes rulemaking authority, outlines licensure requirements, and sets sanctions for nursing professionals who practice outside of their legal scope.

In this article, we outline the rules enforced by the NPA, summarize key elements that could impact daily care duties, and provide administrators three strategies to improve compliance and empower their nursing team.

What Is the Virginia Nurse Practice Act?

LPNs, RNs, nurse aides, and APRNs practicing in Virginia are required to follow the rules and guidelines outlined in the nursing practice act. In the commonwealth of Virginia, Nurse Practice Act laws:

Nurse Practice Act: Virginia Laws at a Glance

Most NPAs outline similar procedures for nursing board regulation and clinician licensure. However, each state document contains unique rules for delegation and penalties for law violation. Understanding the specific regulations outlined in the VA Nurse Practice Act can ensure your clinicians provide high-quality care within their legal scope. The table below lists important elements unique to the Virginia NPA.

Virginia State Nurse Practice Act
Legal Authorities Code of Virginia, Title 54.1, Subtitle III, Chapter 30:

Virginia Administrative Code, Title 18, Agency 90, Chapter 19:

Virginia State Nursing Licensure Requirements Virginia RN licensure applicants must qualify by either passing the NCLEX examination or getting a license endorsed from another state.

Steps for NCLEX Exam Qualification:

  1. Graduate from a Virginia approved or accredited nursing education program.
  2. Submit an application with the appropriate fees.
  3. Send official nursing school transcripts to the Virginia BON.
  4. Complete a criminal background check and fingerprinting.
  5. Register for and pass the NCLEX examination.

Steps for Endorsement Qualification:

  1. Graduate from a Virginia BON-approved nursing education program and submit verified transcripts.
  2. Complete a background check and fingerprint card.
  3. Present a valid license to practice nursing in another state.
  4. Submit an application with the appropriate fees for license verification.

Note: The board may grant a temporary provisional RN license for nurses who are new to state nursing practice and meet board specifications. This temporary license is valid for 6 months and can be renewed for an additional 6 months for good cause shown.

The Virginia Board of Nursing website also provides approximate timeframes for application processing and outlines the required steps to renew a nursing license.

Virginia Nurse Practice Act

Delegation of Duties

Nursing professionals are allowed to delegate when:

  • The task is within the RN’s scope of practice.
  • The RN’s workplace or facility has established rules in place for the delegation of the task.
  • The unlicensed employee has received training and has been proven competent to perform the task.
  • The nurse is able to instruct, supervise, and evaluate the performance of the nursing task.
  • There is minimal risk to the client if the task is performed improperly.

Nursing professionals are prohibited from delegating tasks such as:

  • Those that require the nursing process (assessment, interpretation, independent decision-making).
  • Patient counseling or teaching.
  • Coordination of care (collaboration, consultation, and referral).
  • Emergency and non-emergency triage.
  • Medication administration except when permitted by the Virginia Drug Control Act.
Penalties Any violation of the rules outlined in the Code of Virginia Section 3008 is considered a Class I misdemeanor and represents grounds for disciplinary action. These violations include:

  • Practicing any form of nursing without a legal license.
  • Furnishing a license that was unlawfully or fraudulently obtained.
  • Knowingly employing an unlicensed individual to conduct work representing a licensed individual.
  • Conducting an unapproved nursing education program.

Additionally, a nurse can face suspension or revocation of their license, fines, and public remands for violation such as:

  • Unprofessional conduct
  • Practicing nursing under the influence of drugs or alcohol
  • Abuse, negligence, or theft of patient property
Nurse Licensure Compact (NLC) State? Virginia is involved in the NLC compact. Therefore, the Virginia Nurse Practice Act encompasses rules and guidelines established by the NLC.

Improving NPA Compliance: 3 Strategies for Facilities

By becoming familiar with the main tenets of the nursing practice act, Virginia healthcare administrators can empower their clinicians to manage their own professional nursing practice. Looking to raise awareness of NPA rules in a way that’s helpful and meaningful? Here are three tips to help you get started.

1. Educate Your Staff on the Rules of the NPA

As a facility leader in Virginia, it’s your responsibility to educate your staff on the scope of practice, delegation responsibilities, and licensure requirements of RNs in your organization. You can provide this training by:

  • Developing an online CE course.
  • Providing all newly hired nurses with a Virginia NPA resource manual.
  • Hosting an in-person lecture explaining VA nursing rights and responsibilities.

2. Stay Informed About Regulatory Updates

The Virginia Board of Nursing website posts updated nursing guidelines to provide information on recent federal mandates and state practice changes. Familiarizing yourself with these state-wide changes and incorporating them into your facility’s unique policies and procedures can protect staff and ensure they continue to practice safely and effectively.

3. Report any Suspected Misconduct to the Virginia Board of Nursing

The Virginia Department of Health Enforcement Program receives complaints and conducts investigations of any reported misconduct, including:

  • Practice under the effects of drugs or alcohol.
  • Suspected fraudulent education or licensure.
  • Inappropriate medication administration.
  • Scope of practice infringement.
  • Inappropriate delegation.

Alerting the BON to any witnessed violations of the NPA is an essential step to keeping patients safe.

Take Additional Steps to Support Your Clinical Team

Keeping up with regulatory changes and Virginia Nurse Practice Act updates can be challenging, but we’re here to help. Our free newsletter, written by a team of clinical and legal experts, contains a variety of tips,strategies, and resources to help keep your clinical operations running smoothly.

Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current, as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.


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