Virginia Code

Va. Code Ann. § 54.1-2408.1 (2026)

Summary action against licenses, certificates, registrations, or multistate licensure privilege; allegations to be in writing

✓ current as of May 2026

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A. Any health regulatory board may suspend the license, certificate, registration, permit, or multistate licensure privilege of any person holding a license, certificate, registration, permit, or licensure privilege issued by it without a hearing simultaneously with the institution of proceedings for a hearing, if the relevant board finds that there is a substantial danger to the public health or safety which warrants this action. A board may meet by telephone conference call when summarily suspending a license, certificate, registration, permit, or licensure privilege if a good faith effort to assemble a quorum of the board has failed and, in the judgment of a majority of the members of the board, the continued practice by the individual constitutes a substantial danger to the public health or safety. Institution of proceedings for a hearing shall be provided simultaneously with the summary suspension. The hearing shall be scheduled within a reasonable time of the date of the summary suspension.

B. Any health regulatory board may restrict the license, certificate, registration, permit, or multistate licensure privilege of any person holding a license, certificate, registration, permit, or licensure privilege issued by it without proceeding simultaneously with notification of an informal conference pursuant to §§ 2.2-4019 and 54.1-2400, if the relevant board finds that there is a substantial danger to the public health or safety that warrants this action. A board may meet by telephone conference call when summarily restricting a license, certificate, registration, permit, or licensure privilege if a good faith effort to assemble a quorum of the board has failed and, in the judgment of a majority of the members of the board, the continued practice by the individual constitutes a substantial danger to the public health or safety. The informal conference shall be scheduled within a reasonable time of the date of the summary restriction. Evidence establishing that the registration issued by the U.S. Drug Enforcement Administration to a person holding a license, certificate, registration, permit, or multistate licensure privilege has been suspended or voluntarily surrendered in lieu of disciplinary action is sufficient for a finding that there is a substantial danger to the public health or safety.

C. Allegations of violations of this title shall be made in writing to the relevant health regulatory board.

1997, c. 556; 2004, c. 49; 2007, c. 22; 2013, c. 765; 2019, c. 94.

Notes of Decisions

Cited in 6 cases (3 in the last 5 years), 2007–2026 · leading case: Virginia Bd. of Med. v. John Henry Hagmann, M.D., 797 S.E.2d 422 (Va. Ct. App. 2017).

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Virginia Bd. of Med. v. John Henry Hagmann, M.D., 797 S.E.2d 422 (Va. Ct. App. 2017). · cites it 4× “Although the record did not establish whether any of the victims would be available to testify in February 2016, it was undisputed that they would no longer be in school at that time and that securing their attendance would present added difficulties.”

Salartash v. Chaudhry (E.D. Va. 2025). · cites it 2× “As a result of Defendants’ investigation, Plaintiff received an order of summary suspension, which suspended Plaintiff’s dental license for violating “certain laws and regulations relating to the practice of dentistry,” pursuant to Va. Code Ann. § 54.1-2408.1 (A). Compl. 35.”

William G. Clowdis, Jr., M.D. v. Virginia Dep't of Health Professions (Va. Ct. App. 2025). · cites it 2× “Individuals receiving medical care are often especially vulnerable, and the threat posed by an incompetent or impaired healthcare provider is immediate and grave. Indeed, for this reason, Department boards are empowered to take summary action, including suspension of a license,…”

Scott J. Roberts, P.T. v. Virginia Bd. of Physical Therapy (Va. Ct. App. 2026). · cites it 2× “Following the investigation, the Board suspended Roberts’s physical therapy license pending a formal hearing under Code § 54.1-2408.1. The Board’s March 9, 2022 Hearing On March 9, 2022, the Board heard testimony from Roberts, three former patients, and various other…”

Lokesh Babu Vuyyuru, M.D. v. Virginia Bd. of Med. (Va. Ct. App. 2008). · cites it 2× “Following a formal hearing and after considering evidence and testimony from both the Attorney General and Vuyyuru, the Board revoked Vuyyuru’s medical license.”

Reffat K. Abofreka, M.D. v. Virginia Bd. of Med. (Va. Ct. App. 2007). “See Code § 54.1-2408.1. The following month, a panel of the Board held a formal evidentiary hearing and received testimony from several expert witnesses addressing Dr.”

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