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Virginia Statutes, Title 54.1

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Title 54.1, Title 54.1. Professions and Occupations

43 chapters · 1,133 sections in this title.

All chapters in Title 54.11,133 Ch 29, Chapter 29. Medicine and Other Heali…159 Ch 34, Chapter 34. Drug Control Act.133 Ch 23, Chapter 23. Waterworks and Wastewate…58 Ch 11, Chapter 11. Contractors.54 Ch 39, Chapter 39. Attorneys.54 Ch 21, Chapter 21. Real Estate Brokers, Sal…52 Ch 24, Chapter 24. General Provisions.48 Ch 27, Chapter 27. Dentistry.45 Ch 30, Chapter 30. Nursing.45 Ch 28, Chapter 28. Funeral Services.41 Ch 5, Chapter 5. Asbestos, Lead, and Home …34 Ch 1, Chapter 1. General Provisions.33 Ch 9, Chapter 9. Branch Pilots.28 Ch 33, Chapter 33. Pharmacy.27

1,133 sections·Filtered byTitle 54.1✕

Va. Code Ann. § 54.1-100 Regulations of professions and occupations
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The right of every person to engage in any lawful profession, trade, or occupation of his choice is clearly protected by both the Constitution of the United States and the Constitution of the Commonwealth of Virginia. The Commonwealth cannot abridge such rights except as a reason…
Va. Code Ann. § 54.1-100.1 Department of Commerce continued as Department of Professional and Occupational Regulation
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The Department of Professional and Occupational Regulation, formerly known as the Department of Commerce, is continued, and wherever "Department of Commerce" is used in this Code, it shall mean the Department of Professional and Occupational Regulation. The Board for Professional…
Va. Code Ann. § 54.1-101 Copies of examinations filed by regulatory boards
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A copy of examinations given by regulatory and advisory boards within the Department of Professional and Occupational Regulation and the Department of Health Professions authorized to conduct examinations of applicants for admission to practice or pursue any profession, vocation,…
Va. Code Ann. § 54.1-101.1 Certified mail; subsequent mail or notices may be sent by regular mail

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Whenever in this title any regulatory board within the Department of Professional and Occupational Regulation or the Department of Health Professions is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested,…

Va. Code Ann. § 54.1-102 Unlawful procurement of certificate, license or permit; unauthorized possession of examination or answers; penalty

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A. It shall be unlawful: 1. For any person to procure, or assist another to procure, through theft, fraud or other illegal means, a certificate, license or permit, from any state board, or other body charged by law with the responsibility of examining persons desiring to engage i…

Va. Code Ann. § 54.1-103 Additional training of regulated persons; reciprocity; endorsement

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A. The regulatory boards within the Department of Professional and Occupational Regulation and the Department of Health Professions may promulgate regulations specifying additional training or conditions for individuals seeking certification or licensure, or for the renewal of ce…

Va. Code Ann. § 54.1-104 Suspension of license, certificate, registration, permit, or authority for dishonor of fee payment; reinstatement

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The Department of Professional and Occupational Regulation and the Department of Health Professions may suspend the license, certificate, registration, permit, or authority it has issued any person who submits a check, money draft, or similar instrument for payment of a fee requi…

Va. Code Ann. § 54.1-104.1 License, certificate, registration, permit, or authority may not be suspended or revoked solely on the basis of default or delinquency in payment of federal-guaranteed or state-guaranteed education loan or scholarship

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The Department of Professional and Occupational Regulation, the Department of Health Professions, and the Board of Accountancy shall not be authorized to suspend or revoke the license, certificate, registration, permit, or authority it has issued to any person who is in default o…

Va. Code Ann. § 54.1-105 Majority of board or panel required to suspend or revoke license, certificate, registration, permit, or multistate licensure privilege; imposition of sanctions

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An affirmative vote of a majority of those serving on a board who are qualified to vote or those serving on a panel of a health regulatory board convened pursuant to § 54.1-2400 shall be required for any action to suspend or revoke a license, certification, registration, permit, …

Va. Code Ann. § 54.1-106 Health care professionals rendering services to patients of certain clinics and administrators of such services exempt from liability

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A. No person who is licensed or certified by the Boards of/for Audiology and Speech-Language Pathology; Counseling; Dentistry; Medicine; Nursing; Optometry; Opticians; Pharmacy; Hearing Aid Specialists; Psychology; or Social Work or who holds a multistate licensure privilege to p…

Va. Code Ann. § 54.1-106.1 Notification to licensees of the Board of Medicine about immunity for health care services to patients of free clinics

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The Board of Medicine shall provide to its licensees a full description of the protection from civil liability established pursuant to § 54.1-106. Such description shall explain the coverage available under the Division of Risk Management pursuant to subsection B of § 54.1-106.

Va. Code Ann. § 54.1-107 Appointments, terms and removal of members of regulatory boards; citizen members

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All members of regulatory boards shall be citizens of the United States and residents of Virginia. Members shall be appointed by the Governor and may be removed by him as provided in subsection A of § 2.2-108. Any vacancy occurring other than by expiration of terms shall be fille…

Va. Code Ann. § 54.1-108 Disclosure of official records

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Official records of the Department of Professional and Occupational Regulation or the Department of Health Professions or any board named in this title shall be subject to the disclosure provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), except for the fo…

Va. Code Ann. § 54.1-109 Reviews and appeals

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Any person who has been aggrieved by any action of the Department of Professional and Occupational Regulation, the Department of Health Professions, the Board for Professional and Occupational Regulation, any regulatory board within the Departments, or any panel of a health regul…

Va. Code Ann. § 54.1-110 Presiding officer; participation of board in hearing; disqualification of board member

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A. Every hearing in a contested case shall be conducted in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). When a hearing officer presides, the regulatory board shall determine whether the hearing officer is to hear the case alone or with a …

Va. Code Ann. § 54.1-111 Unlawful acts; prosecution; proceedings in equity; civil penalty

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A. It is unlawful for any person, partnership, corporation, or other entity to engage in any of the following acts: 1. Practicing a profession or occupation without holding a valid license as required by statute or regulation. 2. Making use of any designation provided by statute …

Va. Code Ann. § 54.1-112 Copies of records as evidence

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Copies of all records, documents and other papers of the Department of Professional and Occupational Regulation and the Department of Health Professions and their regulatory boards which bear the official seal and which are duly certified and authenticated in writing on the face …

Va. Code Ann. § 54.1-113 Regulatory boards to adjust fees; certain transfer of moneys collected on behalf of health regulatory boards prohibited

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A. Annually, any regulatory board within the Department of Professional and Occupational Regulation or the Department of Health Professions may revise the fees levied by it for certification, licensure, registration, or permit and renewal thereof so that the fees are sufficient b…

Va. Code Ann. § 54.1-114 Biennial report

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The Board of Bar Examiners, the Department of Professional and Occupational Regulation and the Department of Health Professions shall submit biennial reports to the Governor and General Assembly on or before November 1 of each even-numbered year. The biennial report shall contain…

Va. Code Ann. § 54.1-116 Applicants to include social security numbers, or other identifying number; exemption

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A. Every applicant for a license, certificate, registration or other authorization to engage in a business, trade, profession or occupation issued by the Commonwealth pursuant to this title, and every applicant for renewal thereof, shall provide on the application either his soci…

Va. Code Ann. § 54.1-117 Expiration of documents issued to persons in diplomatic service and the armed services of the United States

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Notwithstanding any contrary provision of law, any license, permit, certificate, or other document, however styled or denominated, that is related to the practice of any business, profession, or calling and issued under this title to any citizen of the Commonwealth shall be held …

Va. Code Ann. § 54.1-118 Qualifications for licensure, etc.; substantially equivalent military training and education

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A. Except as provided in this section, the regulatory boards within the Department of Professional and Occupational Regulation, the Department of Health Professions, or any board named in this title shall accept the military training, education, or experience of a service member …

Va. Code Ann. § 54.1-119 Expediting the issuance of licenses, etc., to spouses of military service members; issuance of temporary licenses, etc

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A. Notwithstanding any other law to the contrary and unless an applicant is found by the board to have engaged in any act that would constitute grounds for disciplinary action, a regulatory board within the Department of Professional and Occupational Regulation or the Department …

Va. Code Ann. § 54.1-200 Composition of regulatory boards

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A regulatory board established to administer a system of certification or licensure as provided in §§ 54.1-310 and 54.1-311, unless otherwise specified by law, shall consist of at least five members. The Board for Professional and Occupational Regulation may recommend to the Gene…

Va. Code Ann. § 54.1-201 Powers and duties of regulatory boards

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A. The powers and duties of regulatory boards shall be as follows: 1. To establish the qualifications of applicants for certification or licensure by any such regulatory board, provided that all qualifications shall be necessary to ensure either competence or integrity to engage …

Va. Code Ann. § 54.1-201.1 Issuance of temporary licenses and certifications

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A. Notwithstanding any other provision of law, the regulatory boards within the Department of Professional and Occupational Regulation may issue a temporary license or certification to any applicant who holds a comparable license or certification issued by another state, provided…

Va. Code Ann. § 54.1-202 Monetary penalty; delegation to Director of authority enter consent agreements

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A. Any person licensed or certified by a regulatory board who violates any statute or regulation pertaining to that regulatory board who is not criminally prosecuted shall be subject to the monetary penalty provided in this section. If a regulatory board determines that a respond…

Va. Code Ann. § 54.1-202.1 Recovery of disciplinary and monitoring costs

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A regulatory board may recover reasonable administrative costs, not to exceed $500, associated with investigation, disciplinary proceedings, monitoring, and confirming compliance with any terms and conditions imposed from any person who is (i) licensed, registered, certified, or …

Va. Code Ann. § 54.1-203 Recovery of cost after grant of formal fact-finding

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After a formal fact-finding pursuant to § 2.2-4020 wherein a sanction is imposed to fine, or to suspend, revoke or deny renewal of any license, certificate or registration, the regulatory board or the Department may assess the holder thereof the cost of conducting such fact-findi…

Va. Code Ann. § 54.1-204 Prior convictions not to abridge rights

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A. A person shall not be refused a license, certificate, or registration to practice, pursue, or engage in any regulated occupation or profession solely because of a prior criminal conviction, unless the criminal conviction directly relates to the occupation or profession for whi…

Va. Code Ann. § 54.1-204.1 Predetermination process for licensing eligibility

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A. An individual with a criminal record may request a predetermination from a regulatory board within the Department of Professional and Occupational Regulation or from the Department concerning whether his criminal record would disqualify him from obtaining a license, certificat…

Va. Code Ann. § 54.1-205 Universal license recognition

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A. For purposes of this section: "Another state" or "other state" means any state, territory, possession, or jurisdiction of the United States. "Neighboring state" means the District of Columbia, Maryland, North Carolina, Kentucky, Tennessee, or West Virginia. B. Except as provid…

Va. Code Ann. § 54.1-205.1 International licensure and certification; regulations

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A. The regulatory boards within the Department of Professional and Occupational Regulation shall develop regulations to provide a pathway to licensure or certification for individuals with equivalent qualifications from another country. Such regulations shall include the followin…

Va. Code Ann. § 54.1-300 Definitions

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As used in this chapter unless the context requires a different meaning: "Board" means the Board for Professional and Occupational Regulation. "Certification" means the process whereby the Department or any regulatory board issues a certificate on behalf of the Commonwealth to a …

Va. Code Ann. § 54.1-301 Department continued; appointment of Director

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The Department of Professional and Occupational Regulation within the executive branch is hereby continued. The Department shall be headed by a Director who shall be appointed by the Governor, subject to confirmation by the General Assembly, to serve at the pleasure of the Govern…

Va. Code Ann. § 54.1-302 Supervision of Department

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The Director of the Department of Professional and Occupational Regulation shall be responsible for the supervision of the Department under the direction and control of the Governor and shall exercise such other powers and perform such other duties as the Governor requires.

Va. Code Ann. § 54.1-303 General powers of Director

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The Director shall have the following general powers: To employ personnel and assistance necessary for the operation of the Department and the purposes of this chapter. To make and enter into all contracts and agreements necessary or incidental to the performance of the duties of…

Va. Code Ann. § 54.1-304 Powers and duties of the Director with respect to regulatory boards

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Each of the regulatory boards within the Department shall be a separate board. All of the administrative functions of the regulatory boards shall be under the direction and supervision of the Director. In the performance and discharge of his duties with respect to the regulatory …

Va. Code Ann. § 54.1-305 Bond of Director

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The Director shall be bonded in accordance with § 2.2-1840.

Va. Code Ann. § 54.1-306 Enforcement of laws by Director or investigators; authority of investigators appointed by Director

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A. The Director or investigators appointed by him shall be sworn to enforce the statutes and regulations pertaining to the Department, the regulatory boards within Subtitle II (§ 54.1-200 et seq.) of this title, and any of the programs which may be in another title of this Code f…

Va. Code Ann. § 54.1-307 Subpoenas

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In addition to the authority granted in § 2.2-4022 to issue subpoenas and the right to issue subpoenas granted the several regulatory boards within the Department of Professional and Occupational Regulation, the Director or a designated subordinate shall have the right to make an…

Va. Code Ann. § 54.1-307.1 Time for filing complaints against regulants

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A. Except as otherwise provided in § 36-96.9 and subsections B and C of this section, any complaint against a regulant for any violation of statutes or regulations pertaining to the regulatory boards within Subtitle II (§ 54.1-200 et seq.) of this title or any of the programs whi…

Va. Code Ann. § 54.1-308 Departmental expenses

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The compensation of the Director and the employees within the Department, including the compensation of the members of each board, shall be paid out of the total funds collected and charged to the accounts of the respective boards. The Director shall maintain a separate account f…

Va. Code Ann. § 54.1-308.1 Interest on cash bonds held by regulatory boards of Department

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Interest earned on any cash bond held by the Department on behalf of any regulatory board shall be credited to the Department.

Va. Code Ann. § 54.1-309 Board for Professional and Occupational Regulation; members, terms, chairman; meetings

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There shall be a Board for Professional and Occupational Regulation within the Department of Professional and Occupational Regulation. The Board shall consist of nine members appointed by the Governor, subject to confirmation by the General Assembly. Members shall serve for four-…

Va. Code Ann. § 54.1-310 Powers and duties of Board

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A. The Board shall have the following powers and duties: 1. Provide a means of citizen access to the Department. 2. Provide a means of publicizing the policies and programs of the Department in order to educate the public and elicit public support for Department activities. 3. Mo…

Va. Code Ann. § 54.1-310.1 Petitions for regulation; review by Board; report

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A. Any professional or occupational group or organization, any person, or any other interested party that proposes the regulation of any unregulated professional or occupational group shall submit a request to the Board no later than December 1 of any year for analysis and evalua…

Va. Code Ann. § 54.1-311 Degrees of regulation

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A. Whenever the Board determines that a particular profession or occupation should be regulated, or that a different degree of regulation should be imposed on a regulated profession or occupation, it shall consider the following degrees of regulation in the order provided in subd…

Va. Code Ann. § 54.1-400 Definitions

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As used in this chapter unless the context requires a different meaning: "Architect" means a person who, by reason of his knowledge of the mathematical and physical sciences, and the principles of architecture and architectural design, acquired by professional education, practica…

Va. Code Ann. § 54.1-401 Exemptions

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The following shall be exempted from the provisions of this chapter: 1. Practice of professional engineering and land surveying by a licensed architect when such practice is incidental to what may be properly considered an architectural undertaking. 2. Practice of architecture an…