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Virginia Statutes, Title 54.1

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Virginia/Statutes

← All Virginia coverage

Title 54.1, Professions and Occupations

60 chapters · 1,178 sections in this title.

All chapters in Title 54.11,178 Ch 29, Medicine and Other Healing Arts.161 Ch 34, Drug Control Act.119 Ch 30, Nursing.57 Ch 11, Contractors.54 Ch 39, Attorneys.54 Ch 21, Real Estate Brokers, Sales Persons a…52 Ch 24, General Provisions.43 Ch 27, Dentistry.41 Ch 28, Funeral Services.41 Ch 23.1, Cemetery Operators, Perpetual Care T…37 Ch 1, General Provisions.33 Ch 9, Branch Pilots.28 Ch 35, Professional Counseling.28 Ch 33, Pharmacy.27

1,178 sections·Filtered byTitle 54.1✕

Va. Code Ann. § 54.1-3455 Schedule VI
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The following classes of drugs and devices shall be controlled by Schedule VI: 1. Any compound, mixture, or preparation containing any stimulant or depressant drug exempted from Schedules III, IV or V and designated by the Board as subject to this section. 2. Every drug, not incl…
Va. Code Ann. § 54.1-3456 Controlled substance analog
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A controlled substance analog shall, to the extent intended for human consumption, be treated, for the purposes of any state law, as a controlled substance in Schedule I or II. A controlled substance analog shall be considered to be listed on the same schedule as the drug or clas…
Va. Code Ann. § 54.1-3456.1 Drugs of concern
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The Board may promulgate regulations designating specific drugs and substances, including any controlled substance or other drug or substance where there has been or there is the actual or relative potential for abuse, as drugs of concern. Drugs or substances designated as drugs …
Va. Code Ann. § 54.1-3457 Prohibited acts
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Showing 801–850 of 1,178

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The following acts shall be prohibited: 1. The manufacture, sale, delivery, holding, or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded. 2. The adulteration or misbranding of any drug, device, or cosmetic. 3. The receipt in commerce of any dru…

Va. Code Ann. § 54.1-3458 Violations

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A. Any person who violates any of the provisions of § 54.1-3457 shall be guilty of a Class 6 felony. B. No person shall be subject to the penalties of this section for having violated subdivisions 1 and 3 of § 54.1-3457 if he establishes a guaranty or undertaking signed by, and c…

Va. Code Ann. § 54.1-3459 Tagging of adulterated or misbranded drugs, devices, or cosmetics; condemnation; destruction; expenses

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A. Whenever a duly authorized agent of the Board finds, or has probable cause to believe, that any drug, device, or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this chapter or is in violation of § 54.1-3457, he shall affix to …

Va. Code Ann. § 54.1-3460 Poisonous or deleterious substance, or color additive

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Any added poisonous or deleterious substance, or any color additive, shall with respect to any particular use or intended use be deemed unsafe with respect to any drug, device, or cosmetic, unless there is a regulation allowing limited use of a quantity of such substance, and the…

Va. Code Ann. § 54.1-3461 Adulterated drug or device

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A. A drug or device shall be deemed to be adulterated: 1. If it consists in whole or in part of any filth, putrid or decomposed substance; 2. If it has been produced, prepared, packed, or held under insanitary conditions whereby it has been contaminated with filth, or whereby it …

Va. Code Ann. § 54.1-3462 Misbranded drug or device

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A drug or device shall be deemed to be misbranded: 1. If its labeling is false or misleading in any particular. 2. If its package does not bear a label containing the name and place of business of the manufacturer, packer, or distributor. However, all prescription drugs intended …

Va. Code Ann. § 54.1-3463 Exemption of drugs dispensed by filling or refilling prescription

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A. Any drug dispensed by filling or refilling a written or oral prescription of a prescriber shall be exempt from the requirements of § 54.1-3462 except subdivisions 1, 9, and 10, and the packaging requirements of subdivision 7, if the drug bears a label containing the name and a…

Va. Code Ann. § 54.1-3464 Adulterated cosmetics

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A cosmetic shall be deemed to be adulterated: 1. If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement, or under such conditions of use as are customary or usua…

Va. Code Ann. § 54.1-3465 Misbranded cosmetics

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A cosmetic shall be deemed to be misbranded: 1. If its labeling is false or misleading in any particular; 2. If in package form unless it bears a label containing the name and place of business of the manufacturer, packer, or distributor and an accurate statement of the quantity …

Va. Code Ann. § 54.1-3466 Possession or distribution of controlled paraphernalia; definition of controlled paraphernalia; evidence; exceptions

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A. For purposes of this chapter, "controlled paraphernalia" means (i) a hypodermic syringe, needle, or other instrument or implement or combination thereof adapted for the administration of controlled dangerous substances by hypodermic injections under circumstances that reasonab…

Va. Code Ann. § 54.1-3467 Distribution of hypodermic needles or syringes, gelatin capsules, quinine or any of its salts

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A. Distribution by any method, of any hypodermic needles or syringes, gelatin capsules, quinine or any of its salts, in excess of one-fourth ounce shall be restricted to licensed pharmacists or to others who have received a license or a permit from the Board. B. Nothing in this s…

Va. Code Ann. § 54.1-3468 Conditions to dispensing device, item, or substance; records

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In dispensing any device, item or substance, the pharmacist or other licensed or permitted person referred to in § 54.1-3467 shall: 1. Require the person requesting such device, item or substance to furnish suitable identification, including proof of age when appropriate; 2. Requ…

Va. Code Ann. § 54.1-3469 Storage, usage, and disposition of controlled paraphernalia

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Each person, association or corporation which has lawfully obtained possession of any of the controlled paraphernalia mentioned in § 54.1-3467 shall exercise reasonable care in the storage, usage and disposition of such devices or substances to ensure that they are not diverted f…

Va. Code Ann. § 54.1-3470 Obtaining controlled paraphernalia by fraud, etc

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A. No person shall obtain or attempt to obtain any item, device or substance referred to in § 54.1-3467 by fraud, deceit, misrepresentation, or subterfuge or by giving a false name or a false address. B. No person shall furnish false or fraudulent information in or omit any infor…

Va. Code Ann. § 54.1-3471 Issuance of permits to certain persons other than registered pharmacists

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The Board shall, upon written application, on a form furnished by the Board, issue a permit to any person other than a licensed pharmacist who in the usual course of business sells any item referred to in § 54.1-3467 as a wholesale distributor or distributes at retail to any pers…

Va. Code Ann. § 54.1-3472 Article inapplicable to certain persons

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The provisions of this article shall not apply to legitimate distribution by or possession of controlled paraphernalia by physicians, dentists, podiatrists, veterinarians, funeral directors and embalmers. 1971, Ex. Sess., cc. 210, 245; 1988, c. 765.

Va. Code Ann. § 54.1-3434.1 Nonresident pharmacies to register with Board

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A. Any pharmacy located outside the Commonwealth that ships, mails, or delivers, in any manner, Schedule II through VI drugs or devices pursuant to a prescription into the Commonwealth shall be considered a nonresident pharmacy, shall be registered with the Board, shall designate…

Va. Code Ann. § 54.1-3434.2 Permit to be issued

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The Board shall only register nonresident pharmacies that maintain a current unrestricted license, certificate, permit, or registration as a pharmacy in a jurisdiction within the United States, or within another jurisdiction that may lawfully deliver prescription drugs directly o…

Va. Code Ann. § 54.1-3434.3 Denial, revocation, suspension of registration, summary proceedings

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The Board may deny, revoke, suspend, or take other disciplinary actions against a nonresident pharmacy registration as provided for in § 54.1-3316. The Board shall immediately suspend, without a hearing, the registration of any nonresident pharmacy upon receipt of documentation b…

Va. Code Ann. § 54.1-3434.4 Prohibited acts

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A. It is unlawful for any person or entity which is not registered under this article to (i) conduct the business of shipping, mailing, or otherwise delivering Schedule II through VI controlled substances into Virginia or (ii) advertise the availability for purchase of any Schedu…

Va. Code Ann. § 54.1-3434.5 Nonresident outsourcing facilities to register with the Board

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A. Any outsourcing facility located outside the Commonwealth that ships, mails, or delivers in any manner Schedule II through VI drugs or devices into the Commonwealth shall be considered a nonresident outsourcing facility and shall be registered with the Board. B. Applications f…

Va. Code Ann. § 54.1-3442.1 Definitions

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As used in this article, unless the context requires a different meaning: "Investigational drug, biological product, or device" means a drug, biological product, or device that has successfully completed Phase I of a clinical trial but has not been approved for general use by the…

Va. Code Ann. § 54.1-3442.2 Eligibility for expanded access to investigational drugs, biological products, and devices; written, informed consent to treatment

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A. A person shall be eligible for expanded access to investigational drugs, biological products, or devices if: 1. He has a terminal condition, attested to by his treating physician and confirmed by a second physician not previously involved in the treatment of the person who has…

Va. Code Ann. § 54.1-3442.3 Expanded access to investigational drugs, biological products, or devices; cost; insurance coverage

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A. A manufacturer of an investigational drug, biological product, or device may make such investigational drug, biological product, or device available to a person who meets the criteria set forth in subsection A of § 54.1-3442.2; however, nothing in this article shall require a …

Va. Code Ann. § 54.1-3442.4 Limitation of liability

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A. Notwithstanding any other provision of law to the contrary, a health care provider as defined in § 8.01-581.1 who recommends an investigational drug, biological product, or device to a person who meets the criteria set forth in subsection A of § 54.1-3442.2 shall be immune fro…

Va. Code Ann. § 54.1-3500.1 Counseling Compact.

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The General Assembly hereby enacts, and the Commonwealth of Virginia hereby enters into, the Counseling Compact with any and all states legally joining therein according to its terms, in the form substantially as follows: COUNSELING COMPACT Article I. Purpose. The purpose of this…

Va. Code Ann. § 54.1-3510 Definitions

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As used in this article, unless the context requires a different meaning: "Certified rehabilitation provider" means a person who is certified by the Board as possessing the training, the skills and the experience as a rehabilitation provider to form an opinion by discerning and e…

Va. Code Ann. § 54.1-3513 Restriction of practice; use of titles

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A. No person, other than a person licensed by the Boards of Counseling; Medicine; Nursing; Optometry; Psychology; or Social Work, shall hold himself out as a provider of rehabilitation services or use the title "rehabilitation provider" or a similar title or any abbreviation ther…

Va. Code Ann. § 54.1-3514 Certification of existing providers

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The Board of Counseling upon receipt of a completed application and payment of the prescribed fee on or before June 30, 1995, shall issue a certificate to any person who was actively engaged in providing rehabilitation services on January 1, 1994.

Va. Code Ann. § 54.1-3515 Certification renewal of individuals who became certified under the provisions of § 54.1-3514

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After July 1, 2001, the Board of Counseling shall not renew a certificate to any person who became certified under the provisions of § 54.1-3514 without documentation that such person meets the current requirements for certification established by the Board, unless such person pr…

Va. Code Ann. § 54.1-3516 Art therapist and art therapy associate; licensure

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A. No person shall engage in the practice of art therapy or hold himself out or otherwise represent himself as an art therapist or art therapy associate unless he is licensed by the Board. Nothing in this chapter shall prohibit a person licensed, certified, or registered by a hea…

Va. Code Ann. § 54.1-3517 Advisory Board on Art Therapy; membership; terms

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A. The Advisory Board on Art Therapy (the Advisory Board) is hereby established to assist the Board in formulating regulations related to the practice of art therapy. The Advisory Board shall also assist in such other matters relating to the practice of art therapy as the Board m…

Va. Code Ann. § 54.1-3518 Scope of practice, supervision, and qualifications of registered behavioral health technicians

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A. A registered behavioral health technician shall be (i) qualified to perform, under Board-approved supervision, collaborative behavioral health services, training on prevention of mental health and substance use disorders, and mental health literacy and the supportive functions…

Va. Code Ann. § 54.1-3519 Scope of practice, supervision, and qualifications of registered behavioral health technician assistants

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A. A registered behavioral health technician assistant shall be qualified to perform, under Board-approved supervision, collaborative behavioral health services, training on prevention of mental health and substance use disorders, and mental health literacy and the supportive fun…

Va. Code Ann. § 54.1-3520 Scope of practice, supervision, and qualifications of qualified mental health professionals

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A. A qualified mental health professional shall be qualified to perform, under Board-approved supervision, collaborative behavioral health services, including the supportive functions of (i) screening; (ii) intake; (iii) orientation; (iv) care coordination; (v) client education; …

Va. Code Ann. § 54.1-3521 Scope of practice, supervision, and qualifications of qualified mental health professional-trainees

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A. A qualified mental health professional-trainee shall be qualified to perform, under Board-approved supervision, collaborative behavioral health services, including the supportive functions of (i) screening; (ii) intake; (iii) orientation; (iv) care coordination; (v) client edu…

Va. Code Ann. § 54.1-3507 Scope of practice of and qualifications for licensed substance abuse treatment practitioners

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A. A licensed substance abuse treatment practitioner shall be qualified to (i) perform on an independent basis the substance abuse treatment functions of screening, intake, orientation, assessment, treatment planning, treatment, case management, substance abuse or dependence cris…

Va. Code Ann. § 54.1-3507.01 Licensure by endorsement of licensed substance abuse treatment practitioners

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A. The Board shall establish a pathway for licensure by endorsement as a licensed substance abuse treatment practitioner for individuals who: 1. Have held certification as a certified substance abuse counselor for at least 10 years prior to the date of application and have active…

Va. Code Ann. § 54.1-3507.1 Scope of practice, supervision, and qualifications of certified substance abuse counselors

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A. A certified substance abuse counselor shall be (i) qualified to perform, under appropriate supervision or direction, the substance abuse treatment functions of screening, intake, orientation, the administration of substance abuse assessment instruments, recovery and relapse pr…

Va. Code Ann. § 54.1-3507.2 Scope of practice, supervision, and qualifications of certified substance abuse counseling assistants

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A. A certified substance abuse counseling assistant shall be qualified to perform, under appropriate supervision or direction, the substance abuse treatment functions of orientation, implementation of substance abuse treatment plans, case management, substance abuse or dependence…

Va. Code Ann. § 54.1-3507.3 Use of titles

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No person shall claim to be, or use the title of, a substance abuse treatment practitioner, a substance abuse counselor, or a substance abuse counseling assistant unless he has been licensed or certified as such pursuant to §§ 54.1-3507, 54.1-3507.1 or § 54.1-3507.2.

Va. Code Ann. § 54.1-3508 Licensure of certain persons possessing substantially equivalent qualifications, education or experience

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Notwithstanding the provisions of § 54.1-3507, (i) the Board may issue a license as a licensed substance abuse treatment practitioner to a person who, after the effective date of the regulations promulgated pursuant to subdivision 7 of § 54.1-3505, has applied for such a license …

Va. Code Ann. § 54.1-3509 Continued certification of certain certified substance abuse counselors

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On and after July 1, 2001, unless such certification is suspended or revoked by the Board, the Board shall continue to certify as a certified substance abuse counselor any person (i) who was certified by the Board as a certified substance abuse counselor prior to July 1, 2001, or…

Va. Code Ann. § 54.1-3500 Definitions

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As used in this chapter, unless the context requires a different meaning: "Appraisal activities" means the exercise of professional judgment based on observations and objective assessments of a client's behavior to evaluate current functioning, diagnose, and select appropriate tr…

Va. Code Ann. § 54.1-3501 Exemption from requirements of licensure

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The requirements for licensure in this chapter shall not be applicable to: 1. Persons who render services that are like or similar to those falling within the scope of the classifications or categories in this chapter, including persons acting as members of substance abuse self-h…

Va. Code Ann. § 54.1-3502 Administration or prescription of drugs not permitted

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This chapter shall not be construed as permitting the administration or prescribing of drugs or in any way infringing upon the practice of medicine as defined in Chapter 29 (§ 54.1-2900 et seq.) of this title.

Va. Code Ann. § 54.1-3503 Board of Counseling

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The Board of Counseling shall regulate the practice of counseling, substance abuse treatment, art therapy, and marriage and family therapy. The Board shall consist of 12 members to be appointed by the Governor, subject to confirmation by the General Assembly. Ten members shall be…