Va. Code Ann. § 54.1-4009 — Virginia Code / Title 54.1 / Subtitle V / Chapter 40 / Section 54.1-4009
Records to be kept; credentials of person pawning goods; fee; penalty
Status: in_force

A. Every pawnbroker shall keep at his place of business an accurate and legible record of each loan or transaction in the course of his business, including transactions in which secondhand goods, wares, or merchandise is purchased for resale. The account shall be recorded at the time of the loan or transaction and shall include:

1. A description, serial number, and a statement of ownership of the goods, article, or thing pawned or pledged or received on account of money loaned thereon or purchased for resale;

2. The time, date, and place of the transaction;

3. The amount of money loaned thereon at the time of pledging the same or paid as the purchase price;

4. The rate of interest to be paid on such loan;

5. The fees charged by the pawnbroker, itemizing each fee charged;

6. The full name, residence address, telephone number, and driver's license number or other form of identification of the person pawning or pledging or selling the goods, article, or thing, together with a particular description, including the height, weight, date of birth, race, gender, hair and eye color, and any other identifying marks, of such person;

7. Verification of the identification by the exhibition of an unexpired government-issued identification card bearing the current legal address and a photograph of the person pawning, pledging, or selling the goods, article, or thing, such as a driver's license or military identification card. If the government-issued identification card does not bear the current legal address, the person shall present other documentation verifying his current legal address. The record shall contain the type of identification exhibited, the issuing agency, and the number thereon;

8. A digital image of the form of identification used by the person involved in the transaction, unless the form of identification used is a United States military issued identification or other form of identification included under 18 U.S.C. § 701, in which case the person involved in the transaction shall be required to present an alternate government-issued identification card bearing a photograph of such person or the pawnbroker shall be required to take a photograph of the person involved in the transaction;

9. As to loans, the terms and conditions of the loan, including the period for which any such loan may be made; and

10. All other facts and circumstances respecting such loan or purchase.

B. A pawnbroker may maintain at his place of business an electronic record of each transaction involving goods, articles, or things pawned or pledged or purchased. If maintained electronically, a pawnbroker shall retain the electronic records for at least one year after the date of the transaction and make such electronic records available to any duly authorized law-enforcement officer upon request.

C. For each loan or transaction, a pawnbroker may charge:

1. A service fee for making the daily electronic reports to the appropriate law-enforcement officers required by § 54.1-4010 , creating and maintaining the electronic records required under this section, and investigating the legal title to property being pawned or pledged or purchased. Such fee shall not exceed five percent of the amount loaned on such item or paid by the pawnbroker for such item or $3, whichever is less; and

2. A late fee, not to exceed 10 percent of the amount loaned, for each item that is not claimed by the pledged date, provided that the pawner is notified of the fee on the pawn ticket.

Any natural person violating any of the provisions of this section is guilty of a Class 4 misdemeanor.

D. No goods, article, or thing shall be pawned or pledged or received on account of money loaned or purchased for resale if the original serial number affixed to the goods, article, or thing has been removed, defaced, or altered.

E. The Superintendent of State Police shall promulgate regulations specifying the nature of the particular description for the purposes of subdivision A 6.

The Superintendent of State Police shall promulgate regulations specifying the nature of identifying credentials of the person pawning, pledging, or selling the goods, article, or thing. Such credentials shall be examined by the pawnbroker, and an appropriate record retained thereof.

Code 1950, § 54-851; 1976, c. 66; 1986, c. 316; 1988, c. 765; 1990, c. 783; 1998, c. 848 ; 2001, c. 401 ; 2003, c. 448 ; 2013, c. 262 ; 2018, cc. 212 , 217 ; 2019, cc. 238 , 457 .
Va. Code Ann. § 54.1-2922 — Virginia Code / Title 54.1 / Subtitle III / Chapter 29 / Article 2 / Section 54.1-2922
Repealed
Status: repealed

Repealed by Acts 2004, cc. 40 and 68 .
Va. Code Ann. § 54.1-2139 — Virginia Code / Title 54.1 / Subtitle II / Chapter 21 / Article 3 / Section 54.1-2139
Disclosed dual agency and dual representation authorized in a residential real estate transaction
Status: in_force

A. A licensee may not act as a dual agent or dual representative in a residential real estate transaction unless he has first obtained the written consent of all parties to the transaction given after written disclosure of the consequences of such dual agency or dual representation. A dual agent has an agency relationship under the brokerage agreements with the clients. A dual representative has an independent contractor relationship under the brokerage agreements with the clients. Such disclosure shall be in writing and given to both parties prior to the commencement of such dual agency or dual representation.

B. If the licensee is currently representing a party as an agent or independent contractor representative and that party desires to engage in a real estate transaction with another existing client represented by the licensee, the licensee may engage in dual representation provided that prior to commencement thereof the disclosure required by this section is given to both of the licensee's existing clients.

C. If the licensee is currently representing a party as an agent or independent contractor representative and the licensee proposes to represent a new client in a dual representation, the licensee may only engage in such dual representation if prior to commencement thereof, the disclosure required by this section is given to the licensee's one existing client and one new client.

D. Such disclosures shall not be deemed to comply with the requirements in this section if (i) not signed by the client or (ii) given in a purchase agreement, lease, or any other document related to a transaction. However, such written consent and disclosure of the brokerage relationship as required by this article shall be presumed to have been given as against any client who signs a disclosure as required in this section.

E. The obligation to make the disclosures required by this section shall not relieve the licensee of the obligations set out in subsection C of § 54.1-2137 requiring all brokerage relationships to be set out in a written agreement between the licensee and the client.

F. No cause of action shall arise against a dual agent or dual representative for making disclosures of brokerage relationships as provided by this article. A dual agent or dual representative does not terminate any brokerage relationship by the making of any such allowed or required disclosures of dual agency or dual representation.

G. In any real estate transaction, a licensee may withdraw, without liability, from representing a client who refuses to consent to a disclosed dual agency or dual representation hereby terminating the brokerage relationship with such client. Such withdrawal shall not prejudice the ability of the licensee to continue to represent the other client in the transaction nor to limit the licensee from representing the client who refused the dual agency or dual representation in other transactions not involving the dual agency or dual representation.

H. The dual agency or dual representation disclosure in a residential transaction shall contain the following provisions and disclosure that substantially complies with the following shall be deemed in compliance with this disclosure requirement:

DISCLOSURE OF DUAL AGENCY OR DUAL REPRESENTATION IN A RESIDENTIAL REAL ESTATE TRANSACTION

The undersigned do hereby acknowledge disclosure that:

The licensee ___________________ (name of broker or salesperson) associated with ____________________ (Brokerage Firm) represents more than one party in this residential real estate transaction as follows:

A. Brokerage Firm represents the following party (select one):

[ ] Seller(s) [ ] Buyer(s) [ ] Landlord(s) [ ] Tenant(s)

As a (select one):

[ ] standard agent [ ] limited service agent [ ] independent contractor

Brokerage Firm represents another party (select one):

[ ] Seller(s) [ ] Buyer(s) [ ] Landlord(s) [ ] Tenant(s)

As a (select one):

[ ] standard agent [ ] limited service agent [ ] independent contractor

B. Brokerage Firm disclosure and client acknowledgement of the following (select one):

[ ] Brokerage Firm represents two existing clients in the transaction and the undersigned acknowledge the following:

The undersigned understand that the foregoing dual agent or dual representative may not disclose to either client any information that has been given to the dual agent or representative by the other client within the confidence and trust of the brokerage relationship except for that information which is otherwise required or permitted by Article 3 (§ 54.1-2130 et seq.) of Chapter 21 of Title 54.1 of the Code of Virginia to be disclosed.

[ ] Brokerage Firm represents one existing client and one new client in the transaction and the undersigned acknowledge the following:

The undersigned understand:

1. That following the commencement of dual agency or representation, the licensee cannot advise either party as to the terms to offer or accept in any offer or counteroffer; however, the licensee may have advised one party as to such terms prior to the commencement of dual agency or representation;

2. That the licensee cannot advise the buyer client as to the suitability of the property, its condition (other than to make any disclosures as required by law of any licensee representing a seller), and cannot advise either party as to what repairs of the property to make or request;

3. That the licensee cannot advise either party in any dispute that arises relating to the transaction;

4. That the licensee may be acting without knowledge of the client's needs, client's knowledge of the market, or client's capabilities in dealing with the intricacies of real estate transactions; and

5. That either party may engage another licensee at additional cost to represent their respective interests.

The undersigned by signing this notice do hereby acknowledge their informed consent to the disclosed dual representation by the licensee.

____________ _______________________

Date Name (One Party)

____________ _______________________ Date Name (One Party)

____________ _______________________ Date Name (One Party)

____________ _______________________ Date Name (One Party)

1995, cc. 741 , 813 ; 2011, c. 461 ; 2012, c. 750 ; 2025, cc. 479 , 495 .
Va. Code Ann. § 54.1-3403 — Virginia Code / Title 54.1 / Subtitle III / Chapter 34 / Article 1 / Section 54.1-3403
Chapter not applicable to economic poisons
Status: in_force

This chapter shall not be construed to apply (i) to poisons used for the control of insects, animal pests, weeds, fungus diseases or other substances sold for use in agricultural, horticultural or related arts and sciences when such substances which are poisons within the meaning of this chapter are sold in original unbroken packages bearing a label having plainly printed upon it the name of the contents and the word POISON and an effective antidote or (ii) to any person, persons, corporations or associations engaged in the business of selling, making, compounding or manufacturing industrial chemicals for distribution or sale at wholesale or for making, compounding or manufacturing other products.

Code 1950, § 54-403.1; 1958, c. 551; 1970, c. 650, § 54-524.4; 1988, c. 765.
Va. Code Ann. § 54.1-3422 — Virginia Code / Title 54.1 / Subtitle III / Chapter 34 / Article 1 / Section 54.1-3422
Controlled substances registration certificate required in addition to other requirements; exemptions
Status: in_force

A. Every person who manufactures, distributes or dispenses any substance that is controlled in Schedules I through V or who proposes to engage in the manufacture, distribution or dispensing of any such controlled substance except permitted pharmacies, those persons who are licensed pharmacists, those persons who are licensed physician assistants, and those persons who are licensed practitioners of medicine, osteopathy, podiatry, dentistry, optometry, nursing, or veterinary medicine shall obtain annually a controlled substances registration certificate issued by the Board. This registration shall be in addition to other licensing or permitting requirements enumerated in this chapter or otherwise required by law.

B. Registration under this section and under all other applicable registration requirements shall entitle the registrant to possess, manufacture, distribute, dispense, perform laboratory analysis, or conduct research with those substances to the extent authorized by this registration and in conformity with the other provisions of this chapter.

C. The following persons need not register and may possess controlled substances listed on Schedules I through VI:

1. An agent or employee of any holder of a controlled substance registration certificate or of any practitioner listed in subsection A of this section as exempt from the requirement for registration, if such agent or employee is acting in the usual course of his business or employment;

2. A common or contract carrier or warehouseman, or his employee, whose possession is in the usual course of business or employment; or

3. An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a prescriber or in lawful possession of a Schedule V substance.

D. A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances.

1972, c. 798, § 54-524.47:2; 1988, c. 765; 1996, cc. 408 , 468 , 496 ; 1998, c. 490 ; 2001, cc. 243 , 465 ; 2020, c. 941 .
Va. Code Ann. § 54.1-2312.2 — Virginia Code / Title 54.1 / Subtitle II / Chapter 23.1 / Section 54.1-2312.2
Resale of interment right by certain churches and religious organizations
Status: in_force

A. In addition to the provisions of § 54.1-2312.1 , a church or religious organization may proceed with a resale transaction of an interment right if (i) the church or religious organization is exempt from income tax under Title 58.1 or from taxation pursuant to § 501(c)(3) of the Internal Revenue Code and (ii) the buyer is a member of the church congregation or religious organization or an immediate family member of such member.

B. Resale transactions under this subsection shall also comply with the following:

1. Any merchandise, personal property, or service purchased in the original preneed transaction is transferred with the interment right;

2. The resale is approved, pursuant to subdivision 4, by the cemetery company that owns the cemetery in which the interment right exists;

3. The seller provides written notice to the buyer that the resale transaction is contingent upon (i) approval by the cemetery company that owns the cemetery in which the interment right exists, (ii) payment of the cemetery transfer fee, and (iii) compliance with the provisions of this section;

4. A cemetery company shall approve a resale transaction upon receipt of a valid transfer form that has been acknowledged by the buyer as required by subdivision 5 e, a reasonable cemetery transfer fee to be set by the cemetery company, and a copy of the bill of sale or other document confirming the resale, provided such approval is consistent with the current rules and regulations of the cemetery company; and

5. The transfer form shall be provided by the seller to the buyer at the time of the resale and shall be valid only when signed by the seller, buyer, and cemetery company. A cemetery company may rely in good faith on the representations and documentation submitted by the buyer and seller. At a minimum, the transfer form shall contain the following information:

a. The name and address of each seller and buyer;

b. A complete description of the location of the property for which the interment right is being sold;

c. A clear disclosure of the cemetery transfer fee;

d. The name, address, and telephone number of the Board and a statement that the Board is the regulatory agency that handles consumer complaints; and

e. An acknowledgment that the buyer has read, understands, and agrees to abide by the current rules and regulations of the cemetery and its current general price list, as applicable.

The information required to be included in the transfer form by subdivisions a through d shall be provided by the seller.

C. In the event a resale is not approved by the cemetery company under this section, the resale transaction shall be void and within 30 days the seller shall refund to the buyer all money paid pursuant to the transaction and the buyer shall return to the seller any merchandise or personal property transferred to the buyer by the seller as a part of the resale.

D. Nothing in this section shall prevent a church or religious organization exempt from income tax under Title 58.1 or from taxation pursuant to § 501(c)(3) of the Internal Revenue Code from reselling any interment right back to the cemetery company. Subsequent sale of such interment rights by the cemetery company shall not be considered a resale transaction.

E. Nothing in this section shall prevent a cemetery company from reselling an interment right of a natural person.

2013, c. 395 .
Va. Code Ann. § 54.1-406.1 — Virginia Code / Title 54.1 / Subtitle II / Chapter 4 / Article 1 / Section 54.1-406.1
Alternative to education requirement for licensure of architects
Status: in_force

A. The Board shall adopt regulations establishing work and education experience equivalencies that shall provide an alternative to the requirement of a professional degree in architecture from a program accredited by the National Architectural Accrediting Board (NAAB) pursuant to 18VAC10-20-110. In establishing an alternative pathway to a NAAB-accredited degree, the Board shall require a minimum of 10 years of qualifying work experience, education experience, or combination of work and education experience.

B. In establishing qualifying work and education experience under this section, the Board shall adopt regulations establishing a credit system to account for varying degrees of work and education experience and such credit system shall be based on the applicability of such work or education experience to the practice of architecture.

C. The Board shall develop requirements for applicants seeking licensure to certify work and education experience on an annual basis.

2025, cc. 534 , 541 .
Va. Code Ann. § 54.1-1300 — Virginia Code / Title 54.1 / Subtitle II / Chapter 13 / Section 54.1-1300
Repealed
Status: repealed

Repealed by Acts 1996, cc. 61 and 179 .
Va. Code Ann. § 54.1-3460 — Virginia Code / Title 54.1 / Subtitle III / Chapter 34 / Article 6 / Section 54.1-3460
Poisonous or deleterious substance, or color additive
Status: in_force

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 use or intended use of such substance conforms to the terms prescribed by regulation. While such regulations relating to such substance are in effect, a drug or cosmetic shall not, by reason of bearing or containing such substance in accordance with the regulations, be considered adulterated.

1970, c. 650, § 54-524.91; 1988, c. 765.
Va. Code Ann. § 54.1-2957.01 — Virginia Code / Title 54.1 / Subtitle III / Chapter 29 / Article 4 / Section 54.1-2957.01
Prescription of certain controlled substances and devices by licensed advanced practice registered nurses
Status: in_force

A. In accordance with the provisions of this section and pursuant to the requirements of Chapter 33 (§ 54.1-3300 et seq.), a licensed advanced practice registered nurse shall have the authority to prescribe Schedule II through Schedule VI controlled substances and devices as set forth in Chapter 34 (§ 54.1-3400 et seq.).

B. An advanced practice registered nurse who does not meet the requirements for practice without a written or electronic practice agreement set forth in subsection I of § 54.1-2957 shall prescribe controlled substances or devices only if such prescribing is authorized by a written or electronic practice agreement entered into by the advanced practice registered nurse and a patient care team physician or, if the advanced practice registered nurse is licensed by the Boards of Medicine and Nursing in the category of clinical nurse specialist, the advanced practice registered nurse and a licensed physician. Such advanced practice registered nurse shall provide to the Boards of Medicine and Nursing such evidence as the Boards may jointly require that the advanced practice registered nurse has entered into and is, at the time of writing a prescription, a party to a written or electronic practice agreement with a patient care team physician, or, if the advanced practice registered nurse is licensed by the Boards of Medicine and Nursing in the category of clinical nurse specialist, a licensed physician, that clearly states the prescriptive practices of the advanced practice registered nurse. Such written or electronic practice agreements shall include the controlled substances the advanced practice registered nurse is or is not authorized to prescribe and may restrict such prescriptive authority as described in the practice agreement. Evidence of a practice agreement shall be maintained by an advanced practice registered nurse pursuant to § 54.1-2957 . Practice agreements authorizing an advanced practice registered nurse to prescribe controlled substances or devices pursuant to this section either shall be signed by the patient care team physician, or, if the advanced practice registered nurse is licensed by the Boards of Medicine and Nursing in the category of clinical nurse specialist, a licensed physician, or shall clearly state the name of the patient care team physician, or, if the advanced practice registered nurse is licensed by the Boards of Medicine and Nursing in the category of clinical nurse specialist, the name of the licensed physician, who has entered into the practice agreement with the advanced practice registered nurse.

It shall be unlawful for an advanced practice registered nurse to prescribe controlled substances or devices pursuant to this section unless (i) such prescription is authorized by the written or electronic practice agreement or (ii) the advanced practice registered nurse is authorized to practice without a written or electronic practice agreement pursuant to subsection I of § 54.1-2957 .

C. The Boards of Medicine and Nursing shall promulgate regulations governing the prescriptive authority of advanced practice registered nurses as are deemed reasonable and necessary to ensure an appropriate standard of care for patients. Such regulations shall include requirements as may be necessary to ensure continued advanced practice registered nurse competency, which may include continuing education, testing, or any other requirement, and shall address the need to promote ethical practice, an appropriate standard of care, patient safety, the use of new pharmaceuticals, and appropriate communication with patients.

D. This section shall not limit the functions and procedures of certified registered nurse anesthetists or of any advanced practice registered nurses which are otherwise authorized by law or regulation.

E. The following restrictions shall apply to any advanced practice registered nurse authorized to prescribe drugs and devices pursuant to this section:

1. The advanced practice registered nurse shall disclose to the patient at the initial encounter that he is a licensed advanced practice registered nurse. Any party to a practice agreement shall disclose, upon request of a patient or his legal representative, the name of the patient care team physician, or, if the advanced practice registered nurse is licensed by the Boards of Medicine and Nursing in the category of clinical nurse specialist, the name of the licensed physician, and information regarding how to contact the patient care team physician or licensed physician.

2. Physicians shall not serve as a patient care team physician on a patient care team or enter into a practice agreement with more than six advanced practice registered nurses at any one time, except that a physician may serve as a patient care team physician on a patient care team with up to 10 advanced practice registered nurses licensed in the category of psychiatric-mental health advanced practice registered nurse.

F. This section shall not prohibit a licensed advanced practice registered nurse from administering controlled substances in compliance with the definition of "administer" in § 54.1-3401 or from receiving and dispensing manufacturers' professional samples of controlled substances in compliance with the provisions of this section.

G. Notwithstanding any provision of law or regulation to the contrary, a certified nurse midwife licensed by the Boards of Medicine and Nursing as such and holding a license for prescriptive authority may prescribe Schedules II through VI controlled substances. However, if the certified nurse midwife licensed by the Boards of Medicine and Nursing in the category of certified nurse midwife is required, pursuant to subsection H of § 54.1-2957 , to practice pursuant to a practice agreement, such prescribing shall also be in accordance with any prescriptive authority included in such practice agreement.

H. Notwithstanding any provision of law or regulation to the contrary, a certified registered nurse anesthetist licensed by the Boards of Medicine and Nursing as such shall have the authority to prescribe Schedule II through Schedule VI controlled substances and devices in accordance with the requirements for practice set forth in subsection C of § 54.1-2957 to a patient requiring anesthesia, as part of the periprocedural care of such patient. As used in this subsection, "periprocedural" means the period beginning prior to a procedure and ending at the time the patient is discharged.

1991, cc. 519, 524; 1992, c. 409; 1995, c. 506 ; 1999, c. 745 ; 2000, c. 924 ; 2005, c. 926 ; 2006, c. 494 ; 2012, c. 213 ; 2016, c. 495 ; 2018, c. 776 ; 2020, cc. 100 , 161 ; 2021, Sp. Sess. I, cc. 157 , 396 ; 2022, cc. 197 , 667 ; 2023, c. 183 .
Va. Code Ann. § 54.1-919 — Virginia Code / Title 54.1 / Subtitle II / Chapter 9 / Article 5 / Section 54.1-919
Appeal from action of Commission
Status: in_force

From any action of the State Corporation Commission under § 54.1-918 , an appeal may be taken by the individual pilots, company or association affected, or by any other person, firm or corporation aggrieved by such action, in the manner prescribed in Article IX, Section 4 of the Constitution of Virginia.

Code 1950, § 54-563; 1971, Ex. Sess., c. 37; 1988, c. 765.
Va. Code Ann. § 54.1-304 — Virginia Code / Title 54.1 / Subtitle II / Chapter 3 / Section 54.1-304
Powers and duties of the Director with respect to regulatory boards
Status: in_force

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 boards, the Director shall:

1. Be the secretary of each board;

2. Maintain all records for each board;

3. Collect and account for all fees prescribed to be paid into each board and account for and deposit the moneys so collected into a special fund from which the expenses of the Board, regulatory boards and Department shall be paid;

4. Enforce all statutes and regulations the Director is required to administer;

5. Exercise other powers necessary to function as the sole administrative officer of each of such boards; and

6. Perform any additional administrative functions prescribed by the Board.

1979, c. 408, § 54-1.33; 1984, c. 734; 1988, c. 765.
Va. Code Ann. § 54.1-2957.21 — Virginia Code / Title 54.1 / Subtitle III / Chapter 29 / Article 4 / Section 54.1-2957.21
Repealed
Status: repealed

Repealed by Acts 2021, Sp. Sess. I, c. 240 , cl. 1, effective July 1, 2021.
Va. Code Ann. § 54.1-2350 — Virginia Code / Title 54.1 / Subtitle II / Chapter 23.3 / Article 1 / Section 54.1-2350
Annual report; form to accompany resale certificates
Status: in_force

In addition to the provisions of § 54.1-2349 , the Board shall:

1. Administer the provisions of Article 2 (§ 54.1-2354.1 et seq.);

2. Develop and disseminate an association annual report form for use in accordance with §§ 55.1-1835 , 55.1-1980 , and 55.1-2182 ; and

3. Develop and disseminate a standardized resale certificate form, which shall contain disclosure statements in the order listed in § 55.1-2310 . The form shall provide for the attachment of reference documents and contain space for an association to indicate those disclosures that pertain to its particular community. The form shall also provide that the purchaser remains responsible for his own examination of the resale certificate and of any attached reference documents.

2008, cc. 851 , 871 ; 2017, c. 257 ; 2018, cc. 70 , 733 ; 2019, cc. 390 , 712 ; 2022, cc. 65 , 66 ; 2023, cc. 387 , 388 .
Va. Code Ann. § 54.1-3225 — Virginia Code / Title 54.1 / Subtitle III / Chapter 32 / Article 6 / Section 54.1-3225
Certification to perform laser surgery
Status: in_force

A. The Board shall certify an optometrist to perform laser surgery consisting of peripheral iridotomy, selective laser trabeculoplasty, and YAG capsulotomy for the medically appropriate and recognized treatment of the human eye through revision, destruction, or other structural alteration of the tissue of the eye using laser technology upon submission by the optometrist of evidence satisfactory to the Board that he:

1. Is certified by the Board to prescribe for and treat diseases or abnormal conditions of the human eye and its adnexa with therapeutic pharmaceutical agents pursuant to § 54.1-3222 ; and

2. Has satisfactorily completed such didactic and clinical training programs provided by an accredited school or college of optometry that includes training in the use of lasers for the medically appropriate and recognized treatment of the human eye as the Board may require.

B. The Board shall indicate on any license issued pursuant to this chapter to an optometrist certified to perform laser surgery pursuant to this section that the optometrist is so certified.

2022, cc. 16 , 17 .
Va. Code Ann. § 54.1-2312.1 — Virginia Code / Title 54.1 / Subtitle II / Chapter 23.1 / Section 54.1-2312.1
Resale of interment right; conditions for resale transaction; contents of transfer form; approval by cemetery company
Status: in_force

A. No person shall participate as a seller in more than four consummated resale transactions in any calendar year except as authorized by this section or § 54.1-2312.2 .

B. Unless exempted by subsection A, no resale transaction shall be valid unless:

1. The resale is at-need;

2. The seller is (i) a funeral director, embalmer, establishment, or service licensed pursuant to Chapter 28 (§ 54.1-2800 et seq.) or (ii) a cemetery company licensed pursuant to this chapter;

3. No more than one interment right is transferred by the transaction;

4. Any merchandise, personal property, or service purchased in the original pre-need transaction is transferred with the interment right;

5. The resale is approved, pursuant to subsection C, by the cemetery company that owns the cemetery in which the interment right exists; and

6. The seller provides written notice to the buyer that the resale transaction is contingent upon (i) approval by the cemetery company that owns the cemetery in which the interment right exists, (ii) payment of the cemetery transfer fee, and (iii) compliance with the provisions of this section.

C. A cemetery company shall approve a resale transaction upon receipt of a valid transfer form that has been acknowledged by the buyer as required by subsection D 6, a reasonable cemetery transfer fee to be set by the cemetery company, and a copy of the bill of sale or other document confirming the resale, provided such approval is consistent with the current rules and regulations of the cemetery company.

D. The transfer form shall be provided by the seller to the buyer at the time of the resale and shall be valid only when signed by the seller, buyer, and cemetery company. At a minimum, the transfer form shall contain the following information:

1. The name and address of each seller and buyer;

2. The valid license number of each seller under Chapter 28 (§ 54.1-2800 et seq.) or under this chapter;

3. A complete description of the location of the property for which the interment right is being sold;

4. A clear disclosure of the cemetery transfer fee;

5. The name, address, and telephone number of the Board and a statement that the Board is the regulatory agency that handles consumer complaints; and

6. An acknowledgement that the buyer has read, understands, and agrees to abide by the current rules and regulations of the cemetery and its current general price list, as applicable.

The information required to be included in the transfer form by subdivisions 1 through 5 shall be provided by the seller.

E. In the event a resale is not approved by the cemetery company under this section, the resale transaction shall be void and within 30 days the seller shall refund to the buyer any and all moneys paid pursuant to the transaction and the buyer shall return to the seller any merchandise or personal property that was transferred to the buyer by the seller as a part of the resale.

2011, c. 792 ; 2013, c. 395 .
Va. Code Ann. § 54.1-2988 — Virginia Code / Title 54.1 / Subtitle III / Chapter 29 / Article 8 / Section 54.1-2988
Immunity from liability; burden of proof; presumption
Status: in_force

A health care facility, physician or other person acting under the direction of a physician shall not be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct as a result of issuing a Durable Do Not Resuscitate Order or the providing, continuing, withholding or the withdrawal of health care under authorization or consent obtained in accordance with this article or as the result of the provision, withholding or withdrawal of ongoing health care in accordance with § 54.1-2990 . No person or facility providing, continuing, withholding or withdrawing health care or physician issuing a Durable Do Not Resuscitate Order under authorization or consent obtained pursuant to this article or otherwise in accordance with § 54.1-2990 shall incur liability arising out of a claim to the extent the claim is based on lack of authorization or consent for such action.

Any agent or person identified in § 54.1-2986 who authorizes or consents to the providing, continuing, withholding or withdrawal of health care in accordance with this article shall not be subject, solely on the basis of that authorization or consent, to (i) criminal prosecution or civil liability for such action or (ii) liability for the cost of health care.

No individual serving on a facility's patient care consulting committee as defined in this article and no physician rendering a determination or affirmation in cases in which no patient care consulting committee exists shall be subject to criminal prosecution or civil liability for any act or omission done or made in good faith in the performance of such functions.

The provisions of this section shall apply unless it is shown by a preponderance of the evidence that the person authorizing or effectuating the providing, continuing, withholding or withdrawal of health care, or issuing, consenting to, making or following a Durable Do Not Resuscitate Order in accordance with § 54.1-2987.1 did not, in good faith, comply with the provisions of this article.

An advance directive or Durable Do Not Resuscitate Order made, consented to or issued in accordance with this article shall be presumed to have been made, consented to, or issued voluntarily and in good faith by an adult who is capable of making an informed decision, physician or person authorized to consent on the patient's behalf.

1983, c. 532, § 54-325.8:8; 1988, c. 765; 1992, cc. 412, 748, 772; 1998, cc. 803 , 854 ; 1999, c. 814 ; 2000, cc. 590 , 598 ; 2009, cc. 211 , 268 ; 2010, c. 792 ; 2017, cc. 747 , 752 .
Va. Code Ann. § 54.1-2917 — Virginia Code / Title 54.1 / Subtitle III / Chapter 29 / Article 2 / Section 54.1-2917
Repealed
Status: repealed

Repealed by Acts 2013, c. 144 , cl. 2.
Va. Code Ann. § 54.1-2912.5 — Virginia Code / Title 54.1 / Subtitle III / Chapter 29 / Article 2 / Section 54.1-2912.5
Standard of care pertaining to prenatal and postnatal and other depression; Communication of information
Status: in_force

The Board shall annually issue a communication to every practitioner licensed by the Board who provides primary, maternity, obstetrical, or gynecological health care services reiterating the standard of care pertaining to prenatal or postnatal depression or other depression. Such communication shall encourage practitioners to screen every patient who is pregnant or who has been pregnant within the previous five years for prenatal or postnatal depression or other depression, as clinically appropriate and shall provide information to practitioners regarding the factors that may increase susceptibility of certain patients to prenatal or postnatal depression or other depression, including racial and economic disparities, and encourage providers to remain cognizant of the increased risk of depression for such patients.

2020, c. 709 .
Va. Code Ann. § 54.1-3457 — Virginia Code / Title 54.1 / Subtitle III / Chapter 34 / Article 6 / Section 54.1-3457
Prohibited acts
Status: in_force

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 drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.

4. The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of § 54.1-3421 .

5. The dissemination of any false advertisement.

6. The refusal to permit entry or inspection, or to permit the taking of a sample, or to permit access to or copying of any record.

7. The giving of a false guaranty or undertaking.

8. The removal or disposal of a detained article in violation of § 54.1-3459 .

9. The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a drug, device, or cosmetic, if such act is done while such article is held for sale and results in such article being adulterated or misbranded.

10. The forging, counterfeiting, simulating, or falsely representing, or without proper authority using of any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this chapter or of the federal act.

11. The using by any person to his own advantage, or revealing, other than to the Board or its authorized representative or to the courts when relevant in any judicial proceeding under this chapter of any information acquired under authority of this chapter concerning any method or process which as a trade secret is entitled to protection.

12. The using, on the labeling of any drug or in any advertisement relating to such drug, of any representation or suggestion that an application with respect to such drug is effective under § 54.1-3421 , or that such drug complies with the provisions of such section.

13. In the case of a drug distributed or offered for sale in this Commonwealth, the failure of the manufacturer, packer, or distributor thereof to maintain for transmittal, or to transmit, to any practitioner licensed by applicable law to administer such drug who makes written request for information as to such drug, true and correct copies of all printed matter which is required to be included in any package in which that drug is distributed or sold, or such other printed matter as is approved under the federal act. This subdivision shall not be construed to exempt any person from any labeling requirement imposed by or under other provisions of this chapter.

14. Placing or causing to be placed upon any drug or device or container, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; or selling, dispensing, disposing of, or causing to be sold, dispensed, or disposed of, or concealing or keeping in possession, control, or custody, with intent to sell, dispense, or dispose of, any drug, device, or any container thereof, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by this section or making, selling, disposing of, or causing to be made, sold, or disposed of, or keeping in possession, control, or custody, or concealing any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit drug.

15. The doing of any act that causes a drug to be a counterfeit drug, or the sale or dispensing, or the holding for sale or dispensing, of a counterfeit drug.

16. Dispensing or causing to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed without the permission of the person ordering or prescribing, except as provided in § 54.1-3408.03 relating to dispensing of therapeutically equivalent drugs and § 54.1-3408.06 relating to therapeutic interchange and adaptation.

17. Dispensing or causing to be dispensed a biosimilar in place of a prescribed biological product or brand of biological product, except as provided in § 54.1-3408.04 related to dispensing of interchangeable biosimilars and § 54.1-3408.06 related to therapeutic interchange and adaptation.

1970, c. 650, § 54-524.85; 1988, c. 765; 2003, c. 639 ; 2013, cc. 412 , 544 ; 2026, c. 888 .
Va. Code Ann. § 54.1-3425 — Virginia Code / Title 54.1 / Subtitle III / Chapter 34 / Article 1 / Section 54.1-3425
Repealed
Status: repealed

Repealed by Acts 2009, c. 149 , cl. 2, effective March 6, 2009, and c. 169 , cl. 2, effective March 23, 2009.
Va. Code Ann. § 54.1-402 — Virginia Code / Title 54.1 / Subtitle II / Chapter 4 / Article 1 / Section 54.1-402
Further exemptions from license requirements for architects, professional engineers, and land surveyors
Status: in_force

A. No license as an architect or professional engineer shall be required pursuant to § 54.1-406 for persons who prepare plans, specifications, documents, and designs for the following, provided any such plans, specifications, documents, or designs bear the name and address of the author and his occupation:

1. Single- and two-family homes, townhouses, and multifamily dwellings, excluding electrical and mechanical systems, not exceeding three stories; or

2. All farm structures used primarily in the production, handling, or storage of agricultural products or implements, including structures used for the handling, processing, housing, or storage of crops, feeds, supplies, equipment, animals, or poultry; or

3. Buildings and structures classified with respect to use as business (Use Group B) and mercantile (Use Group M), as provided in the Uniform Statewide Building Code (§ 36-97 et seq.) and churches with an occupant load of 100 or less, excluding electrical and mechanical systems, where such building or structure does not exceed 5,000 square feet in total net floor area, or three stories; or

4. Buildings and structures classified with respect to use as factory and industrial (Use Group F) and storage (Use Group S) as provided in the Uniform Statewide Building Code (§ 36-97 et seq.), excluding electrical and mechanical systems, where such building or structure does not exceed 15,000 square feet in total net floor area, or three stories; or

5. Additions, remodeling, or interior design without a change in occupancy or occupancy load and without modification to the structural system or a change in access or exit patterns or increase in fire hazard; or

6. Electric installations which comply with all applicable codes and which do not exceed 600 volts and 800 amps, where work is designed and performed under the direct supervision of a person licensed as a master's level electrician or Class A electrical contractor by written examination, and where such installation is not contained in any structure exceeding three stories or located in any of the following categories:

a. Use Group A-1 theaters which exceed assembly of 100 persons;

b. Use Group A-3, except churches;

c. Use Group I, institutional buildings, except day care nurseries and clinics without life-support systems; or

7. Plumbing and mechanical systems using packaged mechanical equipment, such as equipment of catalogued standard design which has been coordinated and tested by the manufacturer, which comply with all applicable codes. These mechanical systems shall not exceed gauge pressures of 125 pounds per square inch, other than refrigeration, or temperatures other than flue gas of 300 degrees F (150 degrees C) where such work is designed and performed under the direct supervision of a person licensed as a master's level plumber, master's level heating, air conditioning and ventilating worker, or Class A contractor in those specialties by written examination. In addition, such installation may not be contained in any structure exceeding three stories or located in any structure which is defined as to its use in any of the following categories:

a. Use Group A-1 theaters which exceed assembly of 100 persons;

b. Use Group A-3, except churches;

c. Use Group I, institutional buildings, except day care nurseries and clinics without life-support systems; or

8. The preparation of shop drawings, field drawings, and specifications for components by a contractor who will supervise the installation and where the shop drawings and specifications (i) will be reviewed by the licensed professional engineer or architect responsible for the project or (ii) are otherwise exempted; or

9. Buildings, structures, or electrical and mechanical installations which are not otherwise exempted but which are of standard design, provided they bear the certification of a professional engineer or architect registered or licensed in another state, and provided that the design is adapted for the specific location and for conformity with local codes, ordinances, and regulations, and is so certified by a professional engineer or architect licensed in Virginia; or

10. Construction by a state agency or political subdivision not exceeding $75,000 in value keyed to the January 1, 1991, Consumer Price Index (CPI) and not otherwise requiring a licensed architect, engineer, or land surveyor by an adopted code and maintenance by that state agency or political subdivision of water distribution, sewage collection, storm drainage systems, sidewalks, streets, curbs, gutters, culverts, and other facilities normally and customarily constructed and maintained by the public works department of the state agency or political subdivision; or

11. Conventional and alternative onsite sewage systems receiving residential wastewater, under the authority of Chapter 6 (§ 32.1-163 et seq.) of Title 32.1, designed by a licensed onsite soil evaluator, which utilize packaged equipment, such as equipment of catalogued standard design that has been coordinated and tested by the manufacturer, and complies with all applicable codes, provided (i) the flow is less than 1,000 gallons per day; and (ii) if a pump is included, (a) it shall not include multiple downhill runs and must terminate at a positive elevational change; (b) the discharge end is open and not pressurized; (c) the static head does not exceed 50 feet; and (d) the force main length does not exceed 500 feet.

B. No person shall be exempt from licensure as an architect or engineer who engages in the preparation of plans, specifications, documents, or designs for:

1. Any unique design of structural elements for floors, walls, roofs, or foundations; or

2. Any building or structure classified with respect to its use as high hazard (Use Group H).

C. Persons utilizing photogrammetric methods or similar remote sensing technology shall not be required to be licensed as a land surveyor pursuant to subsection B of § 54.1-404 or 54.1-406 to: (i) determine topography or contours, or to depict physical improvements, provided such maps or other documents shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination, or (ii) graphically show existing property lines and boundaries on maps or other documents provided such depicted property lines and boundaries shall only be used for general information.

Any determination of topography or contours, or depiction of physical improvements, utilizing photogrammetric methods or similar remote sensing technology by persons not licensed as a land surveyor pursuant to § 54.1-406 shall not show any property monumentation or property metes and bounds, nor provide any measurement showing the relationship of any physical improvements to any property line or boundary.

Any person not licensed pursuant to subsection B of § 54.1-404 or 54.1-406 preparing documentation pursuant to subsection C of § 54.1-402 shall note the following on such documentation: "Any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination."

D. Terms used in this section, and not otherwise defined in this chapter, shall have the meanings provided in the Uniform Statewide Building Code (§ 36-97 et seq.) in effect on July 1, 1982, including any subsequent amendments.

1982, c. 590, § 54-37.1; 1988, cc. 294, 765; 1992, cc. 780, 783; 2005, cc. 359 , 440 ; 2008, c. 68 ; 2026, c. 460 .
Va. Code Ann. § 54.1-2408.3 — Virginia Code / Title 54.1 / Subtitle III / Chapter 24 / Section 54.1-2408.3
Practice pending appeal
Status: in_force

Any practitioner or entity whose license, certificate, registration, or permit is suspended or revoked by a health regulatory board of the Department of Health Professions shall not engage in practice in the Commonwealth pending appeal of the board's order.

2013, c. 115 .
Va. Code Ann. § 54.1-3309 — Virginia Code / Title 54.1 / Subtitle III / Chapter 33 / Article 2 / Section 54.1-3309
Enforcement
Status: in_force

A. The Board or its agents are authorized upon presenting appropriate credentials and a written notice as to the purpose of the inspection to the owner, operator or agent in charge to enter at reasonable times any factory, warehouse or establishment in which drugs, devices or cosmetics are manufactured, processed, packed or held for introduction into commerce or to enter any vehicle being used to transport or hold such drugs, devices or cosmetics.

The Board or its agents are authorized to inspect such factory, warehouse, establishment or vehicle and all pertinent equipment, materials, containers and labeling.

In the case of any factory, warehouse, establishment or consulting laboratory in which prescription drugs are manufactured, processed, packed or held, the inspection shall extend to all things, including records, files, papers, processes, controls and facilities, bearing on compliance with Chapter 34 (§ 54.1-3400 et seq.) of this title.

No inspection authorized for prescription drugs shall extend to financial data, sales data other than shipment data, pricing data, personnel data, other than data as to qualifications of technical and professional personnel performing functions subject to this chapter, and research data.

Each inspection shall be commenced and completed with reasonable promptness. The Board or its agents shall have access to copy all records of carriers in commerce showing the movement in commerce of any drug, device, or cosmetic and the quantity, shipper and consignee. The evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained; and carriers shall not be subject to the provisions of Chapter 34 by reason of their receipt, carriage, holding, or delivery of food, drugs, devices, or cosmetics in the usual course of business.

B. If the authorized agent inspecting a factory, warehouse or other establishment has obtained any sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises, he shall give to the owner, operator, or agent in charge a receipt describing the samples.

1970, c. 650, § 54-524.99; 1988, c. 765.
Va. Code Ann. § 54.1-920 — Virginia Code / Title 54.1 / Subtitle II / Chapter 9 / Article 5 / Section 54.1-920
Detention on seagoing vessel
Status: in_force

If a pilot is detained on board any seagoing vessel he shall be paid by the master, owner, or consignee of the vessel the rate prescribed by the State Corporation Commission for a day's detention for each day detained. If any pilot is carried beyond the limits of the Commonwealth against his will, he shall be entitled to recover $300 from the master or owner of the vessel upon which he has been carried away.

Code 1950, § 54-564; 1988, c. 765.
Va. Code Ann. § 54.1-3307.1 — Virginia Code / Title 54.1 / Subtitle III / Chapter 33 / Article 2 / Section 54.1-3307.1
Repealed
Status: repealed

Repealed by Acts 1997, c. 206 .
Va. Code Ann. § 54.1-3409 — Virginia Code / Title 54.1 / Subtitle III / Chapter 34 / Article 1 / Section 54.1-3409
Professional use by veterinarians
Status: in_force

A veterinarian may not prescribe controlled substances for human use and shall only prescribe, dispense or administer a controlled substance in good faith for use by animals within the course of his professional practice. He may prescribe, on a written prescription or on oral prescription as authorized by § 54.1-3410 . He may administer drugs, and he may cause them to be administered by an assistant or orderly under his direction and supervision. Such a prescription shall be dated and signed by the person prescribing on the day when issued, and shall bear the full name and address of the owner of the animal, and the species of the animal for which the drug is prescribed and the full name, address and registry number, under the federal laws of the person prescribing, if he is required by those laws to be so registered.

Code 1950, § 54-498; 1956, c. 225; 1970, c. 650, § 54-524.66; 1983, c. 528; 1988, c. 765.
Va. Code Ann. § 54.1-3518 — Virginia Code / Title 54.1 / Subtitle III / Chapter 35 / Article 4 / Section 54.1-3518
Scope of practice, supervision, and qualifications of registered behavioral health technicians
Status: in_force

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 of screening, intake, orientation, care coordination, client education, and recordkeeping and (ii) after three years of practicing as a behavioral health technician in good standing and completion of the required behavioral health technician supervisor training set forth by the Board, qualified to supervise, as part of a collaborative team, behavioral health technicians and behavioral health technician assistants. A registered behavioral health technician shall not engage in independent or autonomous practice and shall only perform collaborative behavioral health services.

B. Such registered behavioral health technician shall be supervised by a mental health professional licensed by the Department of Health Professions, a person under supervision that has been approved by the Board of Counseling, Board of Psychology, or Board of Social Work as a prerequisite for licensure who has completed the required supervisor training, or a registered qualified mental health professional who has practiced for three years and completed the required supervisor training.

C. Pursuant to regulations adopted by the Board, an applicant for registration as a behavioral health technician shall submit evidence satisfactory to the Board that the applicant has (i) completed a specified number of hours of didactic education in a program or programs recognized or approved by the Board and (ii) received, at a minimum, an associate degree from an institution of higher education accredited by an accrediting agency recognized by the Board. A bachelor's degree shall not be a requirement for registration as a behavioral health technician.

2024, c. 595 .
Va. Code Ann. § 54.1-2951.4 — Virginia Code / Title 54.1 / Subtitle III / Chapter 29 / Article 4 / Section 54.1-2951.4
Exception to physician assistant license requirement; physician assistant student
Status: in_force

The provisions of § 54.1-2902 shall not be construed as prohibiting a physician assistant student who is enrolled in a physician assistant education program accredited by the Accreditation Review Commission on Education for the Physician Assistant or its successor agency from engaging in acts that constitute practice as a physician assistant.

2021, Sp. Sess. I, c. 210 .
Va. Code Ann. § 54.1-3478 — Virginia Code / Title 54.1 / Subtitle III / Chapter 34.1 / Article 1 / Section 54.1-3478
Requirements for licensure as a physical therapist assistant
Status: in_force

An applicant for licensure as a physical therapist assistant shall submit evidence, verified by affidavit and satisfactory to the Board, that the applicant:

1. Is 18 years of age or more;

2. Is a graduate of a two-year educational program for physical therapist assistants at an institution of higher education that is acceptable to the Board; and

3. Has satisfactorily passed an examination approved by the Board.

2000, c. 688 .
Va. Code Ann. § 54.1-531 — Virginia Code / Title 54.1 / Subtitle II / Chapter 5.2 / Section 54.1-531
Suspension, revocation, or refusal to renew registration
Status: in_force

A. The Director may limit, suspend, revoke, or refuse to renew a registration of an individual registered under subsection A of § 54.1-530 for conduct that would have justified refusal to issue a certificate of registration under subsection B of § 54.1-530 .

B. The Director may suspend or revoke the registration of an individual registered under subsection C of § 54.1-529 or renewed under subsection E of § 54.1-530 for any reason for which the Director could have refused to grant or renew registration or for conduct that would justify refusal to issue a certificate of registration under subsection B of § 54.1-530 .

2020, c. 481 , § 54.1-524.
Va. Code Ann. § 54.1-407 — Virginia Code / Title 54.1 / Subtitle II / Chapter 4 / Article 1 / Section 54.1-407
Land surveying
Status: in_force

Notwithstanding the provisions of any regulation promulgated by the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, a land surveyor shall not be required by Board regulations to set corner monumentation or perform a boundary survey on any property when (i) corner monumentation has been set or is otherwise required to be set pursuant to the provisions of a local subdivision ordinance as mandated by § 15.2-2240 or subdivision 7 of § 15.2-2241 , or where the placing of such monumentation is covered by a surety bond, cash escrow, set-aside letter, letter of credit, or other performance guaranty, or (ii) the purpose of the survey is to determine the location of the physical improvements on the said property only, if the prospective mortgagor or legal agent ordering the survey agrees in writing that such corner monumentation shall not be provided in connection with any such physical improvements survey. The provisions of this section shall apply only to property located within the Counties of Arlington, Fairfax, King George, Loudoun, Prince William, Spotsylvania and Stafford; and the Cities of Alexandria, Fairfax, Falls Church, Fredericksburg, Manassas and Manassas Park.

1986, c. 531, § 54-25.1; 1988, cc. 271, 765; 1998, c. 27 .
Va. Code Ann. § 54.1-3435.4 — Virginia Code / Title 54.1 / Subtitle III / Chapter 34 / Article 3 / Section 54.1-3435.4
Permit to act as warehouser; regulations
Status: in_force

A. Unless otherwise authorized by this chapter or Chapter 33 (§ 54.1-3300 et seq.) of this title, it shall be unlawful for any person to act as a warehouser, as defined in § 54.1-3401 , in this Commonwealth without a valid unrevoked permit issued by the Board. The applicant for a permit to act as a warehouser in this Commonwealth shall apply to the Board for a permit, using such form as the Board may furnish; renew such permit, if granted, annually on a date determined by the Board in regulation; and remit a fee as determined by the Board.

B. The Board may promulgate such regulations relating to the storage, handling, and distribution of prescription drugs and devices by warehousers as it deems necessary to implement this section, to prevent diversion of prescription drugs and devices, and to protect the public.

C. Warehousers shall allow the Board or its authorized agents to enter and inspect, at reasonable times and in a reasonable manner, their premises and delivery vehicles, and to audit their records and written operating procedures. Such agents shall be required to show appropriate identification prior to being permitted access to warehousers' premises and delivery vehicles.

1992, c. 737; 2008, c. 320 .
Va. Code Ann. § 54.1-2971.01 — Virginia Code / Title 54.1 / Subtitle III / Chapter 29 / Article 6 / Section 54.1-2971.01
Prescription in excess of recommended dosage in certain cases
Status: in_force

A. Consistent with § 54.1-3408.1 , a physician may prescribe a dosage of a pain-relieving agent in excess of the recommended dosage upon certifying the medical necessity for the excess dosage in the patient's medical record. Any practitioner who prescribes, dispenses or administers an excess dosage in accordance with this section and § 54.1-3408.1 shall not be in violation of the provisions of this title because of such excess dosage, if such excess dosage is prescribed, dispensed or administered in good faith for recognized medicinal or therapeutic purposes.

B. The Board of Medicine shall advise physicians of the provisions of this section and § 54.1-3408.1 .

1995, c. 277 .
Va. Code Ann. § 54.1-2807.1 — Virginia Code / Title 54.1 / Subtitle III / Chapter 28 / Article 1 / Section 54.1-2807.1
Confidentiality of information on infectious diseases
Status: in_force

All information received by any person practicing funeral services or his agent regarding the fact that any dead body which they have received harbors an infectious disease shall be confidential, and disclosure of such information shall be grounds for disciplinary action against the funeral service licensee pursuant to § 54.1-2806 .

Notification that a dead body harbors an infectious disease will not constitute grounds for any funeral director's refusal to accept the body.

1988, c. 836, § 54-260.74:2.
Va. Code Ann. § 54.1-2957.23 — Virginia Code / Title 54.1 / Subtitle III / Chapter 29 / Article 4 / Section 54.1-2957.23
Licensure of anesthesiologist assistants
Status: in_force

A. As used in this section, "anesthesiologist" means a physician who is licensed by the Board and who has completed a residency in anesthesiology approved by the American Board of Anesthesiology or the American Osteopathic Board of Anesthesiology.

B. No person shall use or assume the title "anesthesiologist assistant" or hold himself out as an anesthesiologist assistant unless such person holds a license as an anesthesiologist assistant issued by the Board. Nothing in this section shall be construed as prohibiting any professional licensed, certified, or registered by a health regulatory board from acting within the scope of his profession.

C. The Board shall establish criteria for licensure as an anesthesiologist assistant that shall include the following:

1. Successful completion of an anesthesiologist assistant program accredited by the Commission on Accreditation of Allied Health Education Programs or its predecessor or successor organizations; and

2. Passage of the certifying examination administered by the National Commission for Certification of Anesthesiologist Assistants or other examination required by the Board.

D. Pending the outcome of the next examination described in subdivision C 2, the Board may grant a provisional license to a graduate of an anesthesiologist assistant program accredited by the Commission on Accreditation of Allied Health Education Programs or its predecessor or successor organizations.

E. Nothing in this section shall prohibit a student anesthesiologist assistant who is enrolled in an anesthesiologist assistant program accredited by the Commission on Accreditation of Allied Health Education Programs or its predecessor or successor organizations from engaging in acts that would constitute practice as an anesthesiologist assistant as part of such program.

F. An anesthesiologist assistant licensed pursuant to this section shall practice within the scope of his clinical and professional training and the limits of his knowledge and experience and under the supervision of an anesthesiologist.

G. The Board shall adopt regulations governing the practice of anesthesiologist assistants, including regulations for (i) application for and issuance of a license or renewal of a license, (ii) standards of practice for licensed anesthesiologist assistants, and (iii) requirements for supervision of anesthesiologist assistants by anesthesiologists.

2025, c. 507 .
Va. Code Ann. § 54.1-500 — Virginia Code / Title 54.1 / Subtitle II / Chapter 5 / Article 1 / Section 54.1-500
Definitions
Status: in_force

As used in this chapter, unless the context requires a different meaning:

"Accredited asbestos training program" means a training program that has been approved by the Board to provide training for individuals to engage in asbestos abatement, conduct asbestos inspections, prepare management plans, prepare project designs or act as project monitors.

"Accredited lead training program" means a training program that has been approved by the Board to provide training for individuals to engage in lead-based paint activities.

"Asbestos" means the asbestiform varieties of actinolite, amosite, anthophyllite, chrysotile, crocidolite, and tremolite.

"Asbestos analytical laboratory license" means an authorization issued by the Board to perform phase contrast, polarized light, or transmission electron microscopy on material known or suspected to contain asbestos.

"Asbestos contractor's license" means an authorization issued by the Board permitting a person to enter into contracts to perform an asbestos abatement project.

"Asbestos-containing materials" or "ACM" means any material or product which contains more than 1.0 percent asbestos or such other percentage as established by EPA final rule.

"Asbestos inspector's license" means an authorization issued by the Board permitting a person to perform on-site investigations to identify, classify, record, sample, test and prioritize by exposure potential asbestos-containing materials.

"Asbestos management plan" means a program designed to control or abate any potential risk to human health from asbestos.

"Asbestos management planner's license" means an authorization issued by the Board permitting a person to develop or alter an asbestos management plan.

"Asbestos project" or "asbestos abatement project" means an activity involving job set-up for containment, removal, encapsulation, enclosure, encasement, renovation, repair, construction or alteration of an asbestos-containing material. An asbestos project or asbestos abatement project shall not include nonfriable asbestos-containing roofing, flooring and siding materials which when installed, encapsulated or removed do not become friable.

"Asbestos project designer's license" means an authorization issued by the Board permitting a person to design an asbestos abatement project.

"Asbestos project monitor's license" means an authorization issued by the Board permitting a person to monitor an asbestos project, subject to Department regulations.

"Asbestos supervisor" means any person so designated by an asbestos contractor who provides on-site supervision and direction to the workers engaged in asbestos projects.

"Asbestos worker's license" means an authorization issued by the Board permitting an individual to work on an asbestos project.

"Board" means the Virginia Board for Asbestos, Lead, and Home Inspectors.

"Friable" means that the material when dry may be crumbled, pulverized, or reduced to powder by hand pressure and includes previously nonfriable material after such previously nonfriable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure.

"Home inspection" means any inspection of a residential building for compensation conducted by a licensed home inspector. A home inspection shall include a written evaluation of the readily accessible components of a residential building, including heating, cooling, plumbing, and electrical systems; structural components; foundation; roof; masonry structure; exterior and interior components; and other related residential housing components. A home inspection may be limited in scope as provided in a home inspection contract, provided that such contract is not inconsistent with the provisions of this chapter or the regulations of the Board. For purposes of this chapter, residential building energy analysis alone, as defined in § 54.1-1144 , shall not be considered a home inspection.

"Home inspector" means a person who meets the criteria of education, experience, and testing required by this chapter and regulations of the Board and who has been licensed by the Board to perform home inspections.

"Lead abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards, including lead-contaminated dust or soil.

"Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by weight.

"Lead-based paint activity" means lead inspection, lead risk assessment, lead project design and abatement of lead-based paint and lead-based paint hazards, including lead-contaminated dust and lead-contaminated soil.

"Lead-contaminated soil" means bare soil that contains lead at or in excess of levels identified by the Environmental Protection Agency.

"Lead contractor" means a person who has met the Board's requirements and has been issued a license by the Board to enter into contracts to perform lead abatements.

"Lead inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and the provisions of a report explaining the results of the investigation.

"Lead inspector" means an individual who has been licensed by the Board to conduct lead inspections and abatement clearance testing.

"Lead project design" means any descriptive form written as instructions or drafted as a plan describing the construction or setting up of a lead abatement project area and the work practices to be utilized during the lead abatement project.

"Lead project designer" means an individual who has been licensed by the Board to prepare lead project designs.

"Lead risk assessment" means (i) an on-site investigation to determine the existence, nature, severity and location of lead-based paint hazards and (ii) the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.

"Lead risk assessor" means an individual who has been licensed by the Board to conduct lead inspections, lead risk assessments and abatement clearance testing.

"Lead supervisor" means an individual who has been licensed by the Board to supervise lead abatements.

"Lead worker" or "lead abatement worker" means an individual who has been licensed by the Board to perform lead abatement.

"Person" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association or any other individual or entity.

"Principal instructor" means the individual who has the primary responsibility for organizing and teaching an accredited asbestos training program, an accredited lead training program, or any combination thereof.

"Residential building" means, for the purposes of home inspection, a structure consisting of one to four dwelling units used or occupied, or intended to be used or occupied, for residential purposes.

"Training manager" means the individual responsible for administering a training program and monitoring the performance of instructors for an accredited asbestos training or accredited lead training program.

1987, c. 579, § 54-145.4; 1988, cc. 765, 802; 1989, c. 397; 1990, cc. 49, 73, 823; 1992, c. 152; 1993, cc. 499, 660; 1994, cc. 185 , 911 ; 1996, cc. 76 , 176 , 180 , 846 ; 1997, c. 885 ; 1998, c. 739 ; 2001, c. 723 ; 2009, cc. 358 , 819 ; 2012, cc. 803 , 835 ; 2016, cc. 161 , 436 , 527 ; 2024, cc. 93 , 94 .
Va. Code Ann. § 54.1-3434.02 — Virginia Code / Title 54.1 / Subtitle III / Chapter 34 / Article 2 / Section 54.1-3434.02
Automated drug dispensing systems and remote dispensing systems
Status: in_force

A. Hospitals or nursing homes licensed pursuant to Title 32.1, state facilities as defined in § 37.2-100 established pursuant to Title 37.2, facilities as defined in § 37.2-100 that are licensed by the Department of Behavioral Health and Developmental Services and provide site-based crisis stabilization services, or other facilities authorized by the Board may use automated drug dispensing systems and remote dispensing systems, as defined in § 54.1-3401 , upon meeting the following conditions:

1. Drugs are placed in the automated drug dispensing system or remote dispensing system in such hospital, nursing home, or facility and are under the control of a pharmacy providing services to the hospital, nursing home, or facility;

2. The pharmacist-in-charge of the pharmacy providing services to the hospital, nursing home, or facility has established procedures for ensuring the accurate stocking and proper storage of drugs in the automated drug dispensing system or remote dispensing system and for ensuring accountability for and security of all drugs utilized in such system until the time such drugs are removed from such system for administration to the patients;

3. Removal of drugs from any automated drug dispensing system or remote dispensing system for administration to patients can only be made pursuant to a valid prescription or lawful order of a prescriber;

4. Adequate security for automated drug dispensing systems or remote dispensing systems is provided, as evidenced by written policies and procedures, for (i) preventing unauthorized access, (ii) complying with federal and state regulations on prescribing and dispensing controlled substances, (iii) maintaining patient confidentiality, and (iv) ensuring compliance with the requirements of this section;

5. Accountability for drugs dispensed from automated drug dispensing systems or remote dispensing systems is vested in the pharmacist-in-charge of a pharmacy located within the hospital, nursing home, or facility or the pharmacist-in-charge of the outside pharmacy providing pharmacy services to the hospital, nursing home, or facility;

6. Filling and stocking of all drugs in automated drug dispensing systems or remote dispensing systems shall be performed under the direction of the pharmacist-in-charge. The task of filling and stocking of drugs into such system shall be performed by a pharmacist or a registered pharmacy technician, who shall be an employee of the provider pharmacy and shall be properly trained in accordance with established standards set forth in a policy and procedure manual maintained by the provider pharmacy. The pharmacist stocking and filling such system or the pharmacist-in-charge, if such system is stocked and filled by a registered pharmacy technician, shall be responsible for the proper and accurate stocking and filling of the automated drug dispensing system or remote dispensing system; and

7. Except when the automated drug dispensing system is used exclusively for administration of drugs for emergencies, a pharmacy located outside of the hospital, nursing home, or facility it services according to this subsection shall first obtain a controlled substances registration issued in the name of the pharmacy at the address of the hospital, nursing home, or facility and a registration from the Drug Enforcement Administration, if required, prior to stocking controlled substances in Schedules II through VI.

B. Except as authorized by the Board, drugs placed into and removed from automated drug dispensing systems or remote dispensing systems for administration to patients shall be in the manufacturer's or distributor's sealed original packaging or in unit-dose containers packaged by the pharmacy. Drugs in multi-dose packaging or in a liquid, injectable, or inhaled formulation may be placed in such a device if approved by the pharmacist-in-charge in consultation with pharmacy, medical, and nursing staff of the hospital, nursing home, or facility.

C. The pharmacist-in-charge in a pharmacy located within a hospital, nursing home, or facility or the pharmacist-in-charge of any outside pharmacy providing pharmacy services to a hospital, nursing home, or facility shall be responsible for establishing procedures for (i) periodically inspecting and auditing automated drug dispensing systems and remote dispensing systems to ensure the proper storage, security, and accountability for all drugs placed in and removed from automated drug dispensing systems and remote dispensing systems and (ii) reviewing the operation and maintenance of automated drug dispensing systems and remote dispensing systems. For hospitals with a pharmacy located within the hospital, monitoring shall be reviewed by a pharmacist while on the premises of the hospital and in accordance with the pharmacist-in-charge's procedures and the Board of Pharmacy's regulations.

D. The Board of Pharmacy shall promulgate regulations establishing minimum requirements for random periodic inspections and monthly audits of automated drug dispensing systems and remote dispensing systems to ensure the proper storage, security, and accountability of all drugs placed in and removed from such systems and for reviewing the operation and maintenance of such systems.

E. Notwithstanding this section, the Board shall promulgate regulations for the use of a remote dispensing system to store drugs previously dispensed and labeled by the provider pharmacy in compliance with current laws and regulations. Such regulations shall identify the location where such system may be placed and requirements to ensure the security of the drug, confidentiality of protected health information, and appropriate recordkeeping.

1999, c. 750 ; 2004, c. 140 ; 2009, c. 100 ; 2024, cc. 63 , 513 .
Va. Code Ann. § 54.1-704.2 — Virginia Code / Title 54.1 / Subtitle II / Chapter 7 / Section 54.1-704.2
License required for schools of barbering, cosmetology, nail care, waxing, tattooing, body-piercing, ear-piercing, or esthetics
Status: in_force

Except as provided in § 54.1-701 , no person, firm, or corporation shall operate or attempt to operate a school of barbering, cosmetology, nail care, waxing, tattooing, body-piercing, ear-piercing, or esthetics unless licensed by the Board pursuant to its regulations.

2000, c. 726 ; 2002, cc. 797 , 869 ; 2003, c. 600 ; 2005, c. 829 ; 2012, cc. 803 , 835 ; 2025, cc. 308 , 322 .
Va. Code Ann. § 54.1-204.1 — Virginia Code / Title 54.1 / Subtitle II / Chapter 2 / Section 54.1-204.1
Predetermination process for licensing eligibility
Status: in_force

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, certificate, registration, or other authority to engage in a particular occupation, trade, or profession in the Commonwealth.

B. The licensing authority shall provide a written determination, indicating whether the individual's criminal record would disqualify him from obtaining the license, certificate, registration, or other authority. Such determination shall be binding unless the individual's criminal record changes after the determination or the individual provides false information.

C. No licensing authority shall require an individual to complete any educational or training requirements prior to submitting a request for predetermination.

2025, c. 505 .
Va. Code Ann. § 54.1-102 — Virginia Code / Title 54.1 / Subtitle I / Chapter 1 / Section 54.1-102
Unlawful procurement of certificate, license or permit; unauthorized possession of examination or answers; penalty
Status: in_force

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 in a regulated business or profession;

2. For any person, other than a member or officer of the board or body, to procure or have in his possession prior to the beginning of an examination, without written authority of a member or officer of the board or body, any question intended to be used by the board or body conducting the examination, or to receive or furnish to any person taking the examination, prior to or during the examination, any written or printed material purporting to be answers to, or aid in answering such questions;

3. For any person to attempt to procure, through theft, fraud or other illegal means, any questions intended to be used by the board or body conducting the examination, or the answers to the questions;

4. For any person to use, disclose or release any questions intended to be used by the board or body conducting the examination, or to release the answers to the questions, beyond the scope specifically authorized by the board or body; or

5. To promise or offer any valuable or other consideration to a person having access to the questions or answers as an inducement to procure for delivery to the promisor, or any other person, a copy or copies of any questions or answers.

If an examination is divided into separate parts, each of the parts shall be deemed an examination for the purposes of this section.

B. Any person violating the provisions of subsection A shall be guilty of a Class 2 misdemeanor.

Code 1950, §§ 54-1.1, 54-1.2; 1988, c. 765; 2012, c. 416 .
Va. Code Ann. § 54.1-1105 — Virginia Code / Title 54.1 / Subtitle II / Chapter 11 / Article 1 / Section 54.1-1105
Repealed
Status: repealed

Repealed by Acts 1991, c. 151.
Va. Code Ann. § 54.1-3103.1 — Virginia Code / Title 54.1 / Subtitle III / Chapter 31 / Section 54.1-3103.1
Administrator required for operation of assisted living facility; operation after death, illness, etc., of administrator; notification of Board; administrators operating more than one facility
Status: in_force

A. All licensed assisted living facilities within the Commonwealth shall be under the supervision of an administrator licensed by the Board, except as provided in subsection B of § 54.1-3102 . If a licensed assisted living facility administrator dies, resigns, is discharged, or becomes unable to perform his duties, the assisted living facility may continue to operate with an acting administrator in accordance with the provisions of § 63.2-1803 . The facility shall immediately notify the Board of Long-Term Care Administrators and the regional licensing office of the Department of Social Services that the assisted living facility is operating without the supervision of a licensed assisted living facility administrator and shall provide the last date of employment of the licensed administrator. When an acting administrator is named, he shall notify the Department of Social Services of his employment and, if he is intending to assume the position permanently, submit a completed application for an approved administrator-in-training program to the Board within 10 days of employment.

B. Nothing in this chapter shall prohibit an assisted living administrator from serving as the administrator of record for more than one assisted living facility as permitted by regulations of the licensing authority for the facility.

2005, cc. 610 , 924 ; 2011, c. 609 .
Va. Code Ann. § 54.1-3312 — Virginia Code / Title 54.1 / Subtitle III / Chapter 33 / Article 3 / Section 54.1-3312
Qualifications of pharmacist; approved school of pharmacy defined
Status: in_force

A. In order to be licensed as a pharmacist within the meaning of this chapter, an applicant shall present to the Board satisfactory evidence that he:

1. Is at least eighteen years of age;

2. Is of good moral character;

3. Is a graduate of a school of pharmacy approved by the Board, or a foreign college of pharmacy, if the graduate has satisfactorily completed (i) a college of pharmacy equivalency examination program approved by the Board and (ii) written and oral communication ability tests of the English language approved by the Board;

4. Has had a period of practical experience in the United States in accordance with the Board's regulations; however, such requirement shall not exceed twelve months; and

5. Has passed the examination prescribed by the Board.

B. As used in this article, an approved school of pharmacy shall be an institution which meets the minimum standards of the American Council on Pharmaceutical Education and appears on the Council's list of schools of pharmacy as published annually.

Code 1950, § 54-422; 1952, c. 230; 1958, c. 551, § 54-524.21; 1970, c. 650; 1972, cc. 798, 824; 1974, c. 686; 1976, c. 614; 1988, c. 765; 1994, c. 657 .
Va. Code Ann. § 54.1-4201.1 — Virginia Code / Title 54.1 / Subtitle V / Chapter 42 / Section 54.1-4201.1
Notification by sponsor of firearms show to State Police and local law-enforcement authorities required; records; penalty
Status: in_force

A. No promoter of a firearms show shall hold such show without giving notice at least 30 days prior to the show to the State Police and the sheriff or chief of police of the locality in which the firearms show will be held. The notice shall be given on a form provided by the State Police. A separate notice shall be required for each firearms show.

"Promoter" means every person, firm, corporation, club, association, or organization holding a firearms show in the Commonwealth.

The promoter shall maintain for the duration of the show a list of all vendors or exhibitors in the show for immediate inspection by any law-enforcement authorities, and within five days after the conclusion of the show, by mail, by hand, by email, or by fax, transmit a copy of the complete vendor or exhibitor list to the law-enforcement authorities to which the 30-day prior notice was required. The vendor or exhibitor list shall contain the full name and residence address and the business name and address, if any, of the vendors or exhibitors.

B. A willful violation of this section shall be a Class 3 misdemeanor.

C. The provisions of this section shall not apply to firearms shows held in any town with a population of not less than 1,995 and not more than 2,010, according to the 1990 United States census.

1993, c. 477; 2005, c. 193 .
Va. Code Ann. § 54.1-4300 — Virginia Code / Title 54.1 / Subtitle V / Chapter 43 / Section 54.1-4300
Definitions
Status: in_force

As used in this chapter, unless the context requires a different meaning:

"Infant formula" or "baby formula" means any food manufactured, packaged and labeled specifically for sale for consumption by a child under the age of two years.

"Itinerant merchant" means a merchant who transports an inventory of new merchandise to a building, vacant lot, or other location and who, at that location, displays, sells or offers to sell the new merchandise to the public. Itinerant merchant shall not include a merchant with an established store, regularly open to the public; a licensed merchant with a regularly serviced supply route or location; or a merchant who purchases merchandise directly from a manufacturer.

"New merchandise" means goods or products which are not used but are in a similar condition as the goods or products wholesaled by manufacturers or suppliers to established retail stores for first-time purchase by consumers. New merchandise shall not include (i) crafts or goods made by the seller or his own household; (ii) food stuffs; (iii) the seller's own household personal property; (iv) merchandise sold by nonprofit charitable, educational or religious organizations or at events sponsored by such organizations; or (v) merchandise sold during parades, festivals, sporting or entertainment events, civic or fundraising activities sponsored by nonprofit charitable, educational or religious organizations.

"Nonprescription drug" means any substances or mixture of substances containing medicines or drugs for which no prescription is required and which are generally sold for internal or topical use in the cure, mitigation, treatment, or prevention of disease in human beings.

1999, c. 701 ; 2002, cc. 138 , 529 .
Va. Code Ann. § 54.1-1504 — Virginia Code / Title 54.1 / Subtitle II / Chapter 15 / Article 2 / Section 54.1-1504
License required
Status: in_force

No person shall engage in the practice of fitting or dealing in prescription hearing aids or display a sign or in any other way advertise or represent himself as a person who practices the fitting or dealing of prescription hearing aids unless he holds a license as provided in this chapter. Nothing in this chapter shall be construed as requiring a licensee to engage in the business of selling over-the-counter hearing aids.

1970, c. 571, § 54-524.111; 1974, c. 534; 1986, c. 279; 1988, c. 765; 2005, c. 599 ; 2023, cc. 273 , 274 .
Va. Code Ann. § 54.1-3040.5 — Virginia Code / Title 54.1 / Subtitle III / Chapter 30 / Article 6.1 / Section 54.1-3040.5
Additional authorities invested in party state licensing boards
Status: in_force

A. In addition to the other powers conferred by state law, a licensing board shall have the authority to:

1. Take adverse action against a nurse's multistate licensure privilege to practice within that party state.

a. Only the home state shall have the power to take adverse action against a nurse's license issued by the home state.

b. For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

2. Issue cease and desist orders or impose an encumbrance on a nurse's authority to practice within that party state.

3. Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.

4. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

5. Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks, and use the results in making licensure decisions.

6. If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse.

7. Take adverse action based on the factual findings of the remote state, provided that the licensing board follows its own procedures for taking such adverse action.

B. If adverse action is taken by the home state against a nurse's multistate license, the nurse's multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse's multistate license shall include a statement that the nurse's multistate licensure privilege is deactivated in all party states during the pendency of the order.

C. Nothing in this Compact shall override a party state's decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse's participation in an alternative program.

2016, c. 108 .
Va. Code Ann. § 54.1-3012 — Virginia Code / Title 54.1 / Subtitle III / Chapter 30 / Article 1 / Section 54.1-3012
Additional power of the Board
Status: in_force

In addition to other powers enumerated in this title, the Board may take those steps necessary to obtain recognition by the United States Secretary of Education as a reliable authority concerning the quality of education offered by educational institutions or programs in the area of practical nursing.

1986, c. 13, § 54-367.11:1; 1988, c. 765.
Va. Code Ann. § 54.1-3025.1 — Virginia Code / Title 54.1 / Subtitle III / Chapter 30 / Article 4 / Section 54.1-3025.1
Advanced certification; renewal
Status: in_force

A. The Board shall develop and promulgate regulations to establish a career advancement certification that will indicate enhanced competence in patient care tasks and enable certified nurse aides to expand the scope of the responsibilities and duties delegated to them. An advanced certificate shall be awarded upon successful completion of the required educational and training standards set by the Board. Each institution that desires to conduct programs to provide training for such advanced certificates shall be approved by the Board pursuant to § 54.1-3005 .

B. An advanced certificate issued to a certified nurse aide shall be renewed biennially upon payment of any specified fee. The certified nurse aide shall submit proof of compliance with any requirements of law and regulation concerning competence as established by the Board.

2001, c. 448 .
Va. Code Ann. § 54.1-829 — Virginia Code / Title 54.1 / Subtitle II / Chapter 8.1 / Section 54.1-829
Authorization from Director required; bond; physical examination; emergency medical services vehicles; physician; health insurance
Status: in_force

A. No person shall act as a promoter, matchmaker, trainer, boxer, martial artist, or professional wrestler in the Commonwealth without first having obtained authorization for such activity from the Department or sanctioning organization approved by the Director pursuant to § 54.1-829.1 and such authorization remains in full force and effect.

B. No authorization to act as a promoter shall be granted unless the applicant executes and files with the Department a bond, in such penalty as the Department shall determine through regulation, conditioned on the payment of the fees and penalties imposed by this chapter and for the fulfillment of contracts made with professional contestants in accordance with Department regulations. This subsection shall not apply to a promoter applying to conduct an amateur-only event under the authority of a sanctioning organization approved by the Director pursuant to § 54.1-829.1 .

C. Each boxer and martial artist shall, and each professional wrestler may, be examined prior to entering the ring by a physician who has held a license to practice medicine for at least three years in any jurisdiction of the United States and who is currently licensed to practice medicine in the Commonwealth. The physician shall be approved by the Director and shall certify in writing that the contestant's physical condition is such that he is physically able to engage in the contest.

D. No event in which boxers or martial artists are contestants shall be conducted without the continuous presence at ringside of a physician who has held a license to practice medicine for at least three years in any jurisdiction of the United States and who is currently licensed to practice medicine in the Commonwealth, and unless an emergency medical services vehicle is at the site of the event.

E. No boxer or martial artist shall participate in any event unless covered by a health insurance policy with minimum coverage in an amount determined by Department regulation.

1998, c. 895 ; 2007, c. 853 ; 2015, cc. 216 , 264 , 502 , 503 ; 2016, c. 756 ; 2025, cc. 95 , 111 .
Va. Code Ann. § 54.1-2708.1 — Virginia Code / Title 54.1 / Subtitle III / Chapter 27 / Article 1 / Section 54.1-2708.1
Repealed
Status: repealed

Repealed by Acts 1997, c. 698 .
Va. Code Ann. § 54.1-205.1 — Virginia Code / Title 54.1 / Subtitle II / Chapter 2 / Section 54.1-205.1
International licensure and certification; regulations
Status: in_force

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 following requirements for issuing such license or certification:

1. Documentation demonstrating the applicant's (i) United States citizenship, (ii) permanent residency, or (iii) valid work visa along with proof that the applicant has submitted a petition for permanent residency status;

2. Methods for awarding partial or full credit toward any training and education requirements; and

3. Satisfactory documentation of the requisite education, training, and proof of licensure in accordance with the regulatory board's standards and requirements, or any other criteria the regulatory board deems necessary to protect the health, safety, and welfare of the public.

Such regulations also may permit the regulatory board's use of professional credential verification services.

B. The regulatory boards within the Department of Professional and Occupational Regulation shall ensure that applicants who are licensed in accordance with the regulations promulgated pursuant to this section are subject to the same examination requirements as other applicants for initial licensure in a given profession or occupation.

2025, cc. 150 , 153 .
Va. Code Ann. § 54.1-2320 — Virginia Code / Title 54.1 / Subtitle II / Chapter 23.1 / Section 54.1-2320
Additional deposit not required upon subsequent sale of same grave, crypt or niche
Status: in_force

If ten percent of the sales price of a grave or above-ground crypt or niche has been deposited in a perpetual care trust fund, no deposit shall be required on subsequent sales of the same grave, crypt or niche.

1998, cc. 708 , 721 .
Va. Code Ann. § 54.1-2313.1 — Virginia Code / Title 54.1 / Subtitle II / Chapter 23.1 / Section 54.1-2313.1
Protection of preneed burial and perpetual care trust funds; operation of cemetery company; appointment of receiver
Status: in_force

No licensee or any agent of the licensee shall divert or misuse any funds held in trust or otherwise held by him for another. If preneed or perpetual care funds are held in trust and the Board or its agents have reason to believe that (i) the licensee is not able to adequately protect the interest of the person involved; (ii) the licensee has had his license suspended, revoked, or surrendered; and (iii) the conduct of the licensee or the operation of the cemetery threatens the interests of the public, the Board shall file a petition with any court of record having equity jurisdiction over the licensee or any of the funds held by him stating the facts upon which it relies.

The court may temporarily enjoin further activity by the licensee and take such further action as shall be necessary to ensure that the cemetery company is operated in full compliance with this chapter and the Board's regulations, or to conserve, protect, and disburse the funds involved, or both, including the appointment of a receiver. If a receiver is appointed, the expenses of such receivership and a reasonable fee, as determined by the court, shall be paid from the assets of the cemetery company. The Board shall not be liable for any expenses or fees of the receiver.

2004, c. 192 ; 2022, c. 161 .
Va. Code Ann. § 54.1-406 — Virginia Code / Title 54.1 / Subtitle II / Chapter 4 / Article 1 / Section 54.1-406
License required
Status: in_force

A. Unless exempted by § 54.1-401 , 54.1-402 , or 54.1-402.1 , a person shall hold a valid license prior to engaging in the practice of architecture or engineering which includes design, consultation, evaluation, or analysis and involves proposed or existing improvements to real property.

Unless exempted by § 54.1-401 , 54.1-402 , or 54.1-402.1 , a person shall hold a valid license prior to engaging in the practice of land surveying.

B. Unless exempted by § 54.1-402 , any person or business entity offering to practice architecture, engineering, or land surveying without being registered or licensed in accordance with the provisions of this chapter, shall be subject to the provisions of § 54.1-111 .

C. Any person or business entity which is not licensed or registered to practice in accordance with this chapter and which advertises or promotes through the use of the words "architecture," "engineering," or "land surveying" or any modification or derivative thereof in its name or description of its business activity in a manner that indicates or implies that it practices or offers to practice architecture, engineering, or land surveying shall be subject to the provisions of § 54.1-111 .

D. Notwithstanding the provisions of this section, a contractor who is licensed pursuant to the provisions of Chapter 11 (§ 54.1-1100 et seq.) shall not be required to be licensed or registered to practice in accordance with this chapter when bidding upon or negotiating design-build contracts or performing services other than architectural, engineering, or land surveying services under a design-build contract. The architectural, engineering, or land surveying services offered or rendered in connection with such contracts shall only be rendered by an architect, professional engineer, or land surveyor licensed in accordance with this chapter.

1979, c. 408, § 54-26.1; 1982, c. 590; 1984, c. 470; 1988, c. 765; 1992, cc. 780, 783; 1994, c. 784 ; 1996, c. 329 ; 2004, c. 191 ; 2005, cc. 359 , 440 ; 2010, c. 91 ; 2026, c. 460 .
Va. Code Ann. § 54.1-2405 — Virginia Code / Title 54.1 / Subtitle III / Chapter 24 / Section 54.1-2405
Transfer of patient records in conjunction with closure, sale, or relocation of practice; notice required
Status: in_force

A. No person licensed, registered, or certified by one of the health regulatory boards under the Department shall transfer records pertaining to a current patient in conjunction with the closure, sale or relocation of a professional practice until such person has first attempted to notify the patient of the pending transfer, either electronically or by mail, at the patient's last known address, and by publishing prior notice in a newspaper of general circulation within the provider's practice area, as specified in § 8.01-324 .

The notice shall specify that, at the written request of the patient or an authorized representative, the records or copies will be sent, within a reasonable time, to any other like-regulated provider of the patient's choice or provided to the patient pursuant to § 32.1-127.1:03 . The notice shall also disclose whether any charges will be billed by the provider for supplying the patient or the provider chosen by the patient with the originals or copies of the patient's records. Such charges shall not exceed the actual costs of copying and mailing or delivering the records.

B. For the purposes of this section:

"Current patient" means a patient who has had a patient encounter with the provider or his professional practice during the two-year period immediately preceding the date of the record transfer.

"Relocation of a professional practice" means the moving of a practice located in Virginia from the location at which the records are stored at the time of the notice to another practice site that is located more than 30 miles away or to another practice site that is located in another state or the District of Columbia.

1992, c. 759; 2003, cc. 912 , 917 ; 2004, c. 53 ; 2022, c. 73 .
Va. Code Ann. § 54.1-3612 — Virginia Code / Title 54.1 / Subtitle III / Chapter 36 / Section 54.1-3612
Repealed
Status: repealed

Repealed by Acts 1997, c. 698 .
Va. Code Ann. § 54.1-402.2 — Virginia Code / Title 54.1 / Subtitle II / Chapter 4 / Article 1 / Section 54.1-402.2
Cease and desist orders for unlicensed activity; civil penalty
Status: in_force

A. Notwithstanding § 54.1-111 , the Board may issue an order requiring any person to cease and desist from (i) practicing or offering to practice as an architect, professional engineer, land surveyor, or landscape architect when such person is not licensed or registered by the Board in accordance with this chapter or (ii) holding himself out as a certified interior designer when such person is not certified or registered by the Board in accordance with this chapter. The order shall be effective upon its entry and shall become final unless such person files an appeal with the Board in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) within 21 days of the date of entry of the order.

B. If the person fails to cease and desist the unlicensed, uncertified, or unregistered activity after entry of an order in accordance with subsection A, the Board may refer the matter for enforcement pursuant to § 54.1-306 .

C. Any person engaging in unlicensed, uncertified, or unregistered activity shall be subject to further proceedings before the Board and the Board may impose a civil penalty not to exceed $2,500. Any penalties collected under this section shall be paid to the Literary Fund after deduction of the administrative costs of the Board in furtherance of this section.

D. Nothing contained in this section shall apply to any person engaged in activity exempted from the provisions of this chapter.

2007, c. 618 ; 2009, c. 309 .
Va. Code Ann. § 54.1-2951.2 — Virginia Code / Title 54.1 / Subtitle III / Chapter 29 / Article 4 / Section 54.1-2951.2
Issuance of a license
Status: in_force

The Board shall issue a license to the physician assistant to practice in accordance with § 54.1-2951.1 .

1998, c. 319 ; 2019, cc. 92 , 137 ; 2021, Sp. Sess. I, c. 210 .
Va. Code Ann. § 54.1-404 — Virginia Code / Title 54.1 / Subtitle II / Chapter 4 / Article 1 / Section 54.1-404
Regulations; code of professional practice and conduct
Status: in_force

A. The Board shall promulgate regulations not inconsistent with this chapter governing its own organization, the professional qualifications of applicants, the requirements necessary for passing examinations in whole or in part, the proper conduct of its examinations, the implementation of exemptions from license requirements, and the proper discharge of its duties.

B. The Board may impose different licensure requirements for a limited area of the practice of land surveying for persons who determine topography, contours, or depiction of physical improvements utilizing photogrammetric methods or similar remote sensing technology who are not otherwise exempt pursuant to subsection C of § 54.1-402 . Any such requirements shall include reasonable provisions for licensure without examination of persons deemed by the Board to be qualified to provide photogrammetric and remote sensing surveying services.

Any license issued pursuant to this subsection shall be distinctive, reflecting the limited area of the practice of land surveying so authorized, and considered as a land surveyor and the practice of land surveying for the purposes of §§ 13.1-549 , 13.1-1111 , 54.1-402 , 54.1-405 , 54.1-406 and 54.1-411 . Nothing herein shall be construed to authorize a person issued a limited license pursuant to this subsection to practice beyond such limited area of practice. The establishment of any such limited license shall not prohibit any duly qualified land surveyor licensed pursuant to § 54.1-400 from engaging in any such limited area of practice.

C. The regulations may include a code of professional practice and conduct, the provisions of which shall serve any or all of the following purposes:

1. The protection of the public health, safety and welfare;

2. The maintenance of standards of objectivity, truthfulness and reliability in public statements by professionals;

3. The avoidance by professionals of conflicts of interests;

4. The prohibition of solicitation or acceptance of work by professionals on any basis other than their qualifications for the work offered;

5. The restriction by the professional in the conduct of his professional activity from association with any person engaging in illegal or dishonest activities; or

6. The limitation of professional service to the area of competence of each professional.

Code 1950, § 54-25; 1974, c. 459; 1982, c. 590; 1988, c. 765; 2005, cc. 359 , 440 .
Va. Code Ann. § 54.1-2301 — Virginia Code / Title 54.1 / Subtitle II / Chapter 23 / Section 54.1-2301
Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals; membership; terms; duties
Status: in_force

A. The Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals shall consist of 11 members as follows: the Director of the Office of Water Programs of the State Department of Health, or his designee, the Executive Director of the State Water Control Board, or his designee, a currently employed waterworks operator having a valid license of the highest classification issued by the Board, a currently employed wastewater works operator having a valid license of the highest classification issued by the Board, a local or regional representative of the Department of Health, a representative of an owner of a waterworks, a representative of an owner of a wastewater works, a licensed alternative onsite sewage system operator, a licensed alternative onsite sewage system installer, a licensed onsite soil evaluator, and one nonlegislative citizen member. The alternative onsite sewage system operator, alternative onsite sewage system installer, and onsite soil evaluator shall have practiced for at least five consecutive years immediately prior to appointment. No owner shall be represented on the Board by more than one representative or employee operator. The term of Board members shall be four years.

B. 1. The Board shall examine waterworks and wastewater works operators and issue licenses. The licenses may be issued in specific operator classifications to attest to the competency of an operator to supervise and operate waterworks and wastewater works while protecting the public health, welfare, and property and conserving and protecting the water resources of the Commonwealth.

2. The Board shall, upon application by an individual, and without examination pursuant to subdivision 1, recognize licenses or certificates issued by another state as fulfillment of qualifications for licensure in the Commonwealth if the following conditions are met:

a. The individual holds a current and valid professional or occupational license or government certification in another state in a profession or occupation with a similar scope of practice, as determined by the Board;

b. The individual has held the professional or occupational license or government certification in the other state for at least three years;

c. The other state or state of original licensure required the individual to pass an examination and to meet certain standards related to education, training, or experience;

d. There are no pending investigations or unresolved complaints against the individual, and the other state holds the individual in good standing;

e. The individual does not have a disqualifying criminal record as determined by the Board in accordance with § 54.1-204 ;

f. No other state has imposed discipline on the licensee, except for discipline involving only a financial penalty and no harm to the health or economic well-being of the public; and

g. The individual pays all applicable fees.

3. For the purposes of this subsection, "other state" or "another state" means any state, territory, possession, or jurisdiction of the United States.

C. The Board shall establish a program for licensing individuals as onsite soil evaluators, onsite sewage system installers, and onsite sewage system operators.

D. The Board, in consultation with the Board of Health, shall adopt regulations for the licensure of (i) onsite soil evaluators; (ii) installers of alternative onsite sewage systems, as defined in § 32.1-163 ; and (iii) operators of alternative onsite sewage systems, as defined in § 32.1-163 . Such regulations shall include requirements for (a) minimum education and training, including approved training courses; (b) relevant work experience; (c) demonstrated knowledge and skill; (d) application fees to cover the costs of the program, renewal fees, and schedules; (e) the division of onsite soil evaluators into classes, one of which shall be restricted to the design of conventional onsite sewage systems; and (f) other criteria the Board deems necessary.

E. The Board shall permit any wastewater works operator to sit for the conventional onsite sewage system operator examination.

1970, c. 768, §§ 54-573.1, 54-573.3; 1981, c. 447; 1988, c. 765; 1989, c. 97; 2007, cc. 892 , 924 ; 2008, c. 67 ; 2012, cc. 677 , 704 ; 2013, c. 731 ; 2023, cc. 192 , 632 , 633 .
Va. Code Ann. § 54.1-2709.4 — Virginia Code / Title 54.1 / Subtitle III / Chapter 27 / Article 2 / Section 54.1-2709.4
Further reporting requirements
Status: in_force

A. The following matters shall be reported to the Board:

1. Any disciplinary action taken against an oral and maxillofacial surgeon licensed under this chapter by another state or by a federal health institution or voluntary surrender of a license in another state while under investigation;

2. Any malpractice judgment against an oral and maxillofacial surgeon licensed under this chapter;

3. Any incident of two settlements of malpractice claims against an individual oral and maxillofacial surgeon licensed under this chapter within a three-year period; and

4. Any evidence that indicates to a reasonable probability that an oral and maxillofacial surgeon licensed under this chapter is or may be professionally incompetent, guilty of unprofessional conduct or mentally or physically unable to engage safely in the practice of his profession.

B. The following persons and entities are subject to the reporting requirements set forth in this section:

1. Any oral and maxillofacial surgeon licensed under this chapter who is the subject of a disciplinary action, settlement judgment or evidence for which reporting is required pursuant to this section;

2. Any other person licensed under this chapter, except as provided in the Health Practitioners' Monitoring Program;

3. The presidents of all professional societies in the Commonwealth, and their component societies whose members are regulated by the Board, except as provided for in the protocol agreement entered into by the Health Practitioners' Monitoring Program;

4. All health care institutions licensed by the Commonwealth;

5. The malpractice insurance carrier of any oral and maxillofacial surgeon who is the subject of a judgment or of two settlements within a three-year period. The carrier shall not be required to report any settlements except those in which it has participated that have resulted in a least two settlements on behalf of an individual oral and maxillofacial surgeon during a three-year period; and

6. Any health maintenance organization licensed by the Commonwealth.

C. No person or entity shall be obligated to report any matter to the Board if the person or entity has actual notice that the matter has already been reported to the Board.

D. Any report required by this section shall be in writing directed to the Board, shall give the name and address of the person who is the subject of the report and shall describe the circumstances surrounding the conduct required to be reported.

E. Any person making a report required by this section shall be immune from any civil liability or criminal prosecution resulting therefrom unless such person acted in bad faith or with malicious intent.

F. The clerk of any circuit court or any district court in the Commonwealth shall report to the Board the conviction of any oral and maxillofacial surgeon known by such clerk to be licensed under this chapter of any (i) misdemeanor involving a controlled substance, marijuana or substance abuse or involving an act of moral turpitude or (ii) felony.

2001, c. 662 ; 2009, c. 472 .
Va. Code Ann. § 54.1-3508 — Virginia Code / Title 54.1 / Subtitle III / Chapter 35 / Article 1.1 / Section 54.1-3508
Licensure of certain persons possessing substantially equivalent qualifications, education or experience
Status: in_force

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 and who, in the judgment of the Board, possesses qualifications, education or experience substantially equivalent to the requirements of § 54.1-3507 ; however, any such applicant shall have completed at least one year of supervised clinical experience in substance abuse treatment, and (ii) for a period of time to be determined by the Board but not less than one year after the effective date of the regulations, the Board shall issue such a license to any such person who, in the judgment of the Board, possesses qualifications, education or experience acceptable to the Board and has completed at least one year of supervised clinical experience in substance abuse treatment.

1997, c. 901 ; 1999, c. 863 .
Va. Code Ann. § 54.1-2610 — Virginia Code / Title 54.1 / Subtitle III / Chapter 26 / Article 2 / Section 54.1-2610
Compact privilege to practice telehealth
Status: in_force

Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with § 54.1-2608 and under rules promulgated by the Commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in this Compact and rules promulgated by the Commission.

2023, c. 337 .
Va. Code Ann. § 54.1-303 — Virginia Code / Title 54.1 / Subtitle II / Chapter 3 / Section 54.1-303
General powers of Director
Status: in_force

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 the Department and the execution of its powers under this chapter, including, but not limited to, contracts with the United States, other states, and agencies and governmental subdivisions of the Commonwealth.

To accept grants from the United States government and agencies and instrumentalities thereof and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable.

To do all acts necessary or convenient to carry out the purposes of this subtitle.

1979, c. 408, § 54-1.32; 1988, c. 765.
Va. Code Ann. § 54.1-3805.2 — Virginia Code / Title 54.1 / Subtitle III / Chapter 38 / Section 54.1-3805.2
Continuing education
Status: in_force

The Board shall adopt regulations which provide for continuing education requirements for relicensure and licensure by endorsement of veterinarians and veterinary technicians. After January 1, 1997, a veterinarian shall be required to complete a minimum of fifteen hours, and a veterinary technician shall be required to complete a minimum of six hours of approved continuing education annually as a condition for renewal of a license. Continuing education courses shall be approved by the Board or by a Board-approved organization. Regulations of the Board adopted pursuant to this section may provide for the waiver of such continuing education requirements upon conditions as the Board deems appropriate.

1995, c. 99 .
Va. Code Ann. § 54.1-2011 — Virginia Code / Title 54.1 / Subtitle II / Chapter 20.1 / Section 54.1-2011
Necessity for license
Status: in_force

A. After December 31, 1992, except as provided in § 54.1-2010 and in subsections C and E of this section, it shall be unlawful to engage in the appraisal of real estate or real property for compensation or valuable consideration in this Commonwealth without first obtaining a real estate appraiser's license in accordance with Board regulations promulgated pursuant to the Administrative Process Act (§ 2.2-4000 et seq.).

B. After December 31, 1992, except as provided in § 54.1-2010 , it shall be unlawful for any person who is not licensed pursuant to this chapter to perform an appraisal in connection with a federally related transaction.

C. Notwithstanding subsections A and B of this section, an individual who is not a licensed residential real estate appraiser, a certified residential real estate appraiser, or a certified general real estate appraiser may assist in the preparation of and sign an appraisal if:

1. The assistant is under the direct supervision of a licensed residential real estate appraiser, a certified residential real estate appraiser, or a certified general real estate appraiser; and

2. The appraisal is reviewed, attested to be accurate and complete, and signed by such licensed residential real estate appraiser, certified residential real estate appraiser, or certified general real estate appraiser in accordance with this chapter.

D. This chapter shall not prevent or affect the practice of any profession or trade for which licensing, certification, or registration is required under any other Virginia law.

E. A corporation, partnership, or other business entity may provide appraisal services if each appraisal is prepared and signed by an individual licensed in accordance with this chapter and such corporation, partnership, or other business entity has registered with the Board. However, any appraisal management company that is required to be licensed under § 54.1-2021.1 shall not be required to have an additional license under this section.

F. An appraiser engaged by an appraisal management company to perform appraisal services shall disclose the actual fee paid to the appraiser by the appraisal management company as part of the appraisal report. The disclosure of such fee shall not be prohibited by the appraisal management company as otherwise provided in § 54.1-2022 .

1990, c. 459; 1992, c. 338; 2012, c. 405 .
Va. Code Ann. § 54.1-3906 — Virginia Code / Title 54.1 / Subtitle IV / Chapter 39 / Article 1 / Section 54.1-3906
Liability to client
Status: in_force

Every attorney shall be liable to his client for any damage sustained by the client through the neglect of his duty as such attorney.

Code 1950, § 54-46; 1988, c. 765; 2011, c. 703 .
Va. Code Ann. § 54.1-3435.2 — Virginia Code / Title 54.1 / Subtitle III / Chapter 34 / Article 3 / Section 54.1-3435.2
Permit to act as medical equipment supplier; storage; limitation; regulations
Status: in_force

A. Unless otherwise authorized by this chapter or Chapter 33 (§ 54.1-3300 et seq.) of this title, it shall be unlawful for any person to act as a medical equipment supplier, as defined in § 54.1-3401 , in this Commonwealth without a valid unrevoked permit issued by the Board. The applicant for a permit to act as a medical equipment supplier in this Commonwealth shall apply to the Board for a permit, using such form as the Board may furnish; renew such permit, if granted, annually on a date determined by the Board in regulation; and remit a fee as determined by the Board.

B. Prescription drugs received, stored, and distributed by authority of this section shall be limited to those Schedule VI controlled substances with no medicinal properties which are used for the operation and cleaning of medical equipment, solutions for peritoneal dialysis, and sterile water and saline for irrigation.

C. Distribution of any Schedule VI drug or device or of any hypodermic needle or syringe, or medicinal oxygen by authority of this section is limited to delivery to the ultimate user upon lawful order by a prescriber authorized to prescribe such drugs and devices.

D. The Board may promulgate such regulations relating to the storage, handling, and distribution of prescription drugs, devices and controlled paraphernalia by medical equipment suppliers as it deems necessary to implement this section, to prevent diversion of prescription drugs and devices and controlled paraphernalia, and to protect the public.

1992, c. 737; 1996, c. 408 ; 1997, c. 677 ; 2008, c. 320 ; 2013, c. 504 .
Va. Code Ann. § 54.1-536 — Virginia Code / Title 54.1 / Subtitle II / Chapter 5.2 / Section 54.1-536
Student-athlete's right to cancel
Status: in_force

A. A student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than 14 days after the contract is signed.

B. A student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete may not waive the right to cancel an agency contract.

C. If a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete cancels an agency contract, the student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete is not required to pay any consideration under the contract or return any consideration received from the athlete agent to influence the student-athlete to enter into the contract.

2020, c. 481 , § 54.1-529.
Va. Code Ann. § 54.1-2973.1 — Virginia Code / Title 54.1 / Subtitle III / Chapter 29 / Article 6 / Section 54.1-2973.1
Practice of laser hair removal
Status: in_force

The practice of laser hair removal shall be performed by a properly trained person licensed to practice medicine or osteopathic medicine or a physician assistant as authorized pursuant to § 54.1-2952 or an advanced practice registered nurse as authorized pursuant to § 54.1-2957 or by a properly trained person under the direction and supervision of a licensed doctor of medicine or osteopathic medicine or a physician assistant as authorized pursuant to § 54.1-2952 or an advanced practice registered nurse as authorized pursuant to § 54.1-2957 who may delegate such practice in accordance with subdivision A 6 of § 54.1-2901 .

2017, c. 390 ; 2023, c. 183 .
Va. Code Ann. § 54.1-3204 — Virginia Code / Title 54.1 / Subtitle III / Chapter 32 / Article 1 / Section 54.1-3204
Prohibited acts
Status: in_force

It shall be unlawful for any person:

1. To practice optometry in this Commonwealth without holding a license issued by the Board. Practicing or offering to practice optometry, or the public representation of being qualified to practice the same by any person not authorized to practice optometry, shall be sufficient evidence of a violation of the law.

2. To impersonate a licensed optometrist of like or different name.

3. To buy or sell or fraudulently obtain a diploma or license.

4. To do any act for which if he were an optometrist his license could be revoked as provided by this chapter.

5. To possess any trial lenses, trial frames, graduated test cards, appliances or instruments used in the practice of optometry, self-testing devices or eyeglass vending machines for the purpose of fitting or prescribing glasses in the practice of optometry, unless he is or unless he regularly employs on the premises a licensed optometrist or a licensed physician.

6. To publish or cause to be published in any manner an advertisement that is false, deceptive or misleading, contains a claim of professional superiority or violates regulations of the Board governing advertising by optometrists.

7. To sell, provide, furnish, supply or duplicate eyeglasses, or lenses for the correction of vision without the prescription of a licensed physician or licensed optometrist, unless he is the holder of a license to practice optometry or a license to practice medicine under the laws of this Commonwealth.

8. To sell or dispense contact lenses, including plano or cosmetic lenses, without holding a license issued by the Board. This subdivision shall not apply to a licensed optician operating or working in a retail establishment, when selling or dispensing contact lenses, including plano or cosmetic lenses, upon the valid written prescription of an individual licensed to practice medicine or osteopathy, or a licensed optometrist.

9. To dispense, administer, or sell an ophthalmic device containing Schedule III, IV, or VI controlled substances or an over-the-counter medication without holding a license issued by the Board, including TPA certification. An "ophthalmic device" shall mean any device, as defined in the Drug Control Act (§ 54.1-3400 et seq.) customarily used primarily for ophthalmic purposes, including an ophthalmic device classified by the United States Food and Drug Administration as a drug. Nothing in this subsection shall preclude a pharmacist from dispensing an ophthalmic device, as defined in this subsection, upon the written and valid prescription of an optometrist, providing the patient is then advised by the pharmacist to return for follow-up care to the optometrist prescribing the ophthalmic device.

The provisions of this section shall be enforced in accordance with this chapter and § 54.1-2506 .

Code 1950, § 54-396; 1976, c. 758; 1977, c. 161; 1979, c. 39; 1988, c. 765; 2009, cc. 353 , 761 .
Va. Code Ann. § 54.1-2957.18 — Virginia Code / Title 54.1 / Subtitle III / Chapter 29 / Article 4 / Section 54.1-2957.18
Advisory Board on Behavior Analysis
Status: in_force

A. The Advisory Board on Behavior Analysis (Advisory Board) shall assist the Board in carrying out the provisions of this chapter regarding the qualifications, examination, and regulation of licensed behavior analysts and licensed assistant behavior analysts.

B. The Advisory Board shall consist of five members appointed by the Governor for four-year terms as follows: three members shall be, at the time of appointment, licensed behavior analysts or licensed assistant behavior analysts who have practiced for at least three years; one member shall be a physician licensed by the Board who is familiar with the principles of behavior analysis; and one member shall be a consumer of applied behavior analysis who does not hold a license as a behavior analyst or assistant behavior analyst who is appointed by the Governor from the Commonwealth at large. Vacancies occurring other than by expiration of terms shall be filled for the unexpired term.

C. The Advisory Board shall, under the authority of the Board, recommend to the Board for its enactment into regulation the criteria for licensure as a behavior analyst or an assistant behavior analyst and the standards of professional conduct for holders of such licenses.

The Advisory Board shall also assist in such other matters relating to behavior analysis as the Board in its discretion may direct.

2014, c. 584 ; 2026, c. 618 .
Va. Code Ann. § 54.1-404.1 — Virginia Code / Title 54.1 / Subtitle II / Chapter 4 / Article 1 / Section 54.1-404.1
Repealed
Status: repealed

Repealed by Acts 2010, c. 91 , cl. 2.
Va. Code Ann. § 54.1-2135 — Virginia Code / Title 54.1 / Subtitle II / Chapter 21 / Article 3 / Section 54.1-2135
Licensees engaged to manage real estate
Status: in_force

A. A licensee engaged to manage real estate shall:

1. Perform in accordance with the terms of the property management agreement;

2. Exercise ordinary care;

3. Disclose in a timely manner to the owner material facts of which the licensee has actual knowledge concerning the property;

4. Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential unless otherwise provided by law or the owner consents in writing to the release of such information;

5. Account for, in a timely manner, all money and property received in which the owner has or may have an interest; and

6. Comply with all requirements of this article, fair housing statutes and regulations for residential real estate transactions as applicable, and all other applicable statutes and regulations which are not in conflict with this article.

B. Except as provided in the property management agreement, a licensee engaged to manage real estate does not breach any duty or obligation to the owner by representing other owners in the management of other properties.

C. A licensee may also represent the owner as seller or landlord if they enter into a brokerage relationship that so provides; in which case, the licensee shall disclose such brokerage relationships pursuant to the provisions of this article.

D. If a licensee has actual knowledge of the existence of defective drywall in a residential property, the licensee shall disclose the same to the owner. For purposes of this section, "defective drywall" means all defective drywall as defined in § 36-156.1 .

E. Property management agreements in residential real estate transactions shall be in writing and shall:

1. Have a definite termination date or duration; however, if a property management agreement does not specify a definite termination date or duration, the agreement shall terminate 90 days after the date of the agreement;

2. State the amount of the management fees and how and when such fees are to be paid;

3. State the services to be rendered by the licensee; and

4. Include such other terms as have been agreed to by the owner and the property manager.

F. The provisions of this section shall not apply to licensees engaged in commercial real estate transactions.

1995, cc. 741 , 813 ; 2011, cc. 34 , 46 , 461 ; 2016, c. 334 .
Va. Code Ann. § 54.1-2928.2 — Virginia Code / Title 54.1 / Subtitle III / Chapter 29 / Article 2 / Section 54.1-2928.2
Board to adopt regulations related to prescribing of opioids and buprenorphine
Status: in_force

The Board shall adopt regulations for the prescribing of opioids and products containing buprenorphine. Such regulations shall include guidelines for:

1. The treatment of acute pain, which shall include (i) requirements for an appropriate patient history and evaluation, (ii) limitations on dosages or day supply of drugs prescribed, (iii) requirements for appropriate documentation in the patient's health record, and (iv) a requirement that the prescriber request and review information contained in the Prescription Monitoring Program in accordance with § 54.1-2522.1 ;

2. The treatment of chronic pain, which shall include, in addition to the requirements for treatment of acute pain set forth in subdivision 1, requirements for (i) development of a treatment plan for the patient, (ii) an agreement for treatment signed by the provider and the patient that includes permission to obtain urine drug screens, and (iii) periodic review of the treatment provided at specific intervals to determine the continued appropriateness of such treatment; and

3. The use of buprenorphine in the treatment of addiction, including a requirement for referral to or consultation with a provider of substance abuse counseling in conjunction with treatment of opioid dependency with products containing buprenorphine.

2017, cc. 291 , 682 .
Va. Code Ann. § 54.1-2912.3 — Virginia Code / Title 54.1 / Subtitle III / Chapter 29 / Article 2 / Section 54.1-2912.3
Competency assessments of certain practitioners
Status: in_force

The Board shall require an assessment of the competency of any person holding an active license under this chapter on whose behalf three separate medical malpractice judgments or medical malpractice settlements of more than $75,000 each are paid within the most recent 10-year period. The assessment shall be accomplished in 18 months or less by a program acceptable to the Board. The licensee shall bear all costs of the assessment. The results of the assessment shall be reviewed by the Board and the Board shall determine a plan of corrective action or appropriate resolution pursuant to the assessment. The assessment, related documents and the processes shall be governed by the confidentiality provisions of § 54.1-2400.2 and shall not be admissible into evidence in any medical malpractice action involving the licensee. The Board shall annually post the number of competency assessments undertaken on its website.

2005, cc. 649 , 692 ; 2007, c. 861 ; 2011, c. 808 .
Va. Code Ann. § 54.1-3417 — Virginia Code / Title 54.1 / Subtitle III / Chapter 34 / Article 1 / Section 54.1-3417
Disposing of stocks of Schedules II through V drugs
Status: in_force

The owner of any stocks of drugs included in Schedules II through V obtained in compliance with this chapter, upon discontinuance of dealing in such drugs, may dispose of such stocks only on an official written order as follows:

1. A pharmacy or practitioner or an agent or agents of a pharmacy or practitioner under specific written authorization from the owner of such pharmacy or such practitioner, may dispose of such stocks to a manufacturer or wholesaler holding a valid license to deal in such drugs, or to another pharmacy or practitioner.

2. A manufacturer or wholesaler may dispose of such stocks only to a manufacturer or wholesaler holding a valid permit to deal in such drugs.

1970, c. 650, § 54-524.61; 1976, c. 406; 1988, c. 765.
Va. Code Ann. § 54.1-705 — Virginia Code / Title 54.1 / Subtitle II / Chapter 7 / Section 54.1-705
Inspections
Status: in_force

A. Inspectors and sanitarians of the State Department of Health, or an affiliated local health department, may inspect each barbershop, cosmetology salon, waxing salon, nail care salon, tattoo parlor, body-piercing salon, ear-piercing salon, and esthetics spa in the Commonwealth regularly. Any infractions shall be immediately reported to the Health Department and the Director of the Department of Professional and Occupational Regulation for disciplinary action.

B. The Board may inspect barbershops, barber schools, cosmetology salons and schools, waxing salons and schools, nail care salons and schools, tattoo parlors and schools, body-piercing salons and schools, ear-piercing salons and schools, and esthetics spas and schools for compliance with regulations promulgated by the Board.

C. The Board shall specify procedures for enforcement of compliance with the disease control and disclosure requirements of § 18.2-371.3 , including unannounced inspections by appropriate personnel.

D. The Board or the Virginia Department of Health, or an affiliated local health department, may regulate the sanitary condition of the personnel, equipment, and premises of tattoo parlors, body-piercing salons, and ear-piercing salons.

1962, c. 639, § 26, § 54-83.27; 1974, c. 534; 1988, c. 765; 1993, c. 499; 2000, c. 726 ; 2002, cc. 797 , 869 ; 2003, c. 600 ; 2005, c. 829 ; 2012, cc. 803 , 835 ; 2025, cc. 308 , 322 .
Va. Code Ann. § 54.1-3509 — Virginia Code / Title 54.1 / Subtitle III / Chapter 35 / Article 1.1 / Section 54.1-3509
Continued certification of certain certified substance abuse counselors
Status: in_force

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 (ii) who registered his supervisory contract with the Board or filed an application with the Board prior to July 1, 2001, for certification as a certified substance abuse counselor and was certified by the Board after July 1, 2001. The person's scope of practice shall be limited to that set forth in subsection A of § 54.1-3507.1 .

2001, c. 460 .
Va. Code Ann. § 54.1-2709.5 — Virginia Code / Title 54.1 / Subtitle III / Chapter 27 / Article 2 / Section 54.1-2709.5
Permits for sedation and anesthesia required
Status: in_force

A. Except as provided in subsection C, the Board shall require any dentist who provides or administers sedation or anesthesia in a dental office to obtain either a conscious/moderate sedation permit or a deep sedation/general anesthesia permit issued by the Board. The Board shall establish by regulation reasonable education, training, and equipment standards for safe administration and monitoring of sedation and anesthesia to patients in a dental office.

B. A permit for conscious/moderate sedation shall not be required if a permit has been issued for the administration of deep sedation/general anesthesia.

C. This section shall not apply to:

1. An oral and maxillofacial surgeon who maintains membership in the American Association of Oral and Maxillofacial Surgeons (AAOMS) and who provides the Board with reports which result from the periodic office examinations required by AAOMS; or

2. Any dentist who administers or prescribes medication or administers nitrous oxide/oxygen or a combination of a medication and nitrous oxide/oxygen for the purpose of inducing anxiolysis or minimal sedation consistent with the Board's regulations.

2011, c. 526 .
Va. Code Ann. § 54.1-2993.1 — Virginia Code / Title 54.1 / Subtitle III / Chapter 29 / Article 8 / Section 54.1-2993.1
Qualified advance directive facilitators; requirements for training programs
Status: in_force

The Department of Health shall approve a program for the training of qualified advance directive facilitators that includes (i) instruction on the meaning of provisions of a form meeting the requirements of § 54.1-2984 , including designating a health care agent and giving instructions relating to one or more specific types of health care, and (ii) requirements for demonstrating competence in assisting persons with completing and executing advance directives, including a written examination on information provided during the training program.

In determining whether a training program meets the criteria set forth in this section, the Department of Health may consult with the Department for Aging and Rehabilitative Services, the Department of Behavioral Health and Developmental Services, and the Virginia State Bar.

2017, cc. 747 , 752 .
Va. Code Ann. § 54.1-3320 — Virginia Code / Title 54.1 / Subtitle III / Chapter 33 / Article 3 / Section 54.1-3320
Acts restricted to pharmacists
Status: in_force

A. Within the practice of pharmacy as defined in § 54.1-3300 , the following acts shall be performed by pharmacists, except as provided in subsection B:

1. The review of a prescription, in conformance with this chapter and Chapter 34 (§ 54.1-3400 et seq.) of this title and with current practices in pharmacy, for its completeness, validity, safety, and drug-therapy appropriateness, including, but not limited to, interactions, contraindications, adverse effects, incorrect dosage or duration of treatment, clinical misuse or abuse, and noncompliance and duplication of therapy;

2. The receipt of an oral prescription from a practitioner or his authorized agent;

3. The conduct of a prospective drug review and counseling as required by § 54.1-3319 prior to the dispensing or refilling of any prescription;

4. The provision of information to the public or to a practitioner concerning the therapeutic value and use of drugs in the treatment and prevention of disease;

5. The communication with the prescriber, or the prescriber's agent, involving any modification other than refill authorization of a prescription or of any drug therapy, resolution of any drug therapy problem, or the substitution of any drug prescribed, except for tasks that may be performed by a pharmacy technician as set forth in subdivisions A 7 and 8 of § 54.1-3321 ;

6. The verification of the accuracy of a completed prescription prior to dispensing the prescription;

7. The supervision of pharmacy interns and pharmacy technicians; and

8. Any other activity required by regulation to be performed by a pharmacist.

B. A pharmacy intern may engage in the acts to be performed by a pharmacist as set forth in subsection A or the Drug Control Act (§ 54.1-3400 et seq.) for the purpose of obtaining practical experience required for licensure as a pharmacist, if the supervising pharmacist is directly monitoring these activities.

C. A registered pharmacy technician, working under the direct supervision of a qualified nuclear pharmacist, as defined by regulations of the Board, may accept oral prescriptions for diagnostic, nonpatient specific radiopharmaceuticals in accordance with subsection C of § 54.1-3410.1 .

D. Consistent with patient safety, a pharmacist shall exercise sole authority in determining the maximum number of pharmacy technicians that he shall supervise; however, no pharmacist shall supervise more pharmacy technicians than allowed by Board regulations.

2001, c. 317 ; 2005, c. 403 ; 2006, c. 626 ; 2010, c. 90 ; 2024, c. 214 .
Va. Code Ann. § 54.1-2616 — Virginia Code / Title 54.1 / Subtitle III / Chapter 26 / Article 2 / Section 54.1-2616
Dispute resolution and enforcement
Status: in_force

A. Dispute Resolution.

1. Upon request by a member state, the Commission shall attempt to resolve disputes related to this Compact that arise among member states and between member and non-member states.

2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

B. Enforcement.

1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.

2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of this Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney fees.

3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

2023, c. 337 .
Va. Code Ann. § 54.1-3011.2 — Virginia Code / Title 54.1 / Subtitle III / Chapter 30 / Article 1 / Section 54.1-3011.2
Nursing Scholarship and Loan Repayment Fund
Status: in_force

A. There is hereby established the Nursing Scholarship and Loan Repayment Fund for the purpose of financing scholarships for (i) part-time and full-time students enrolled in or accepted for enrollment by nursing programs which will prepare such students, upon completion, for examination to be licensed by the Board as practical nurses or registered nurses and (ii) those registered nurses, licensed practical nurses, and certified nurse aides who agree to perform a period of nursing service in a Commonwealth long-term care facility pursuant to regulations promulgated by the Virginia Health Workforce Development Authority (the Authority) in cooperation with the Board.

B. The Fund shall be administered by the Board, in cooperation with the Director of the Department, and the scholarships shall be administered and awarded by the Authority pursuant to § 32.1-122.6:01 . The Fund shall be maintained and administered separately from any other program or funds of the Board and the Department of Health Professions. No portion of the Fund shall be used for a purpose other than that described in this section and § 32.1-122.6:01 . Any money remaining in the Fund at the end of a biennium, including amounts repaid by award recipients, and any interest thereon, shall not revert to the general fund or the funds of the Department of Health Professions, but shall remain in the Fund to be used only for the purposes of this section. In addition to any licensure fees that may be collected pursuant to § 54.1-3011.1 , the Fund shall also include:

1. Any funds appropriated by the General Assembly for the purposes of the Fund; and

2. Any gifts, grants, or bequests received from any private person or organization.

Upon receiving the names of the scholarship and loan repayment program recipients from the Authority, the Board of Nursing shall be responsible for transmitting the funds to the appropriate institution to be credited to the account of the recipient.

1991, c. 669; 2000, cc. 240 , 254 ; 2001, c. 188 ; 2002, c. 290 ; 2026, cc. 25 , 430 .
Va. Code Ann. § 54.1-2820 — Virginia Code / Title 54.1 / Subtitle III / Chapter 28 / Article 5 / Section 54.1-2820
Requirements of preneed funeral contracts
Status: in_force

A. It shall be unlawful for any person residing or doing business within this Commonwealth, to make, either directly or indirectly by any means, a preneed funeral contract unless the contract:

1. Is made on forms prescribed by the Board and is written in clear, understandable language and printed in easy-to-read type, size and style;

2. Identifies the seller, seller's license number and contract buyer and the person for whom the contract is purchased if other than the contract buyer;

3. Contains a complete description of the supplies or services purchased;

4. Clearly discloses whether the price of the supplies and services purchased is guaranteed and whether the guaranteed supplies and services have been secured by a declinable preneed funeral guarantee fee as defined in § 54.1-2800 ;

5. States if funds are required to be trusted pursuant to § 54.1-2822 , the amount to be trusted, the name of the trustee, the disposition of the interest, the fees, expenses and taxes which may be deducted from the interest and a statement of the buyer's responsibility for taxes owed on the interest;

6. Contains the name, address and telephone number of the Board and lists the Board as the regulatory agency which handles consumer complaints;

7. Provides that any person who makes payment under the contract may terminate the agreement at any time prior to the furnishing of the services or supplies contracted for except as provided pursuant to subsection B; if the purchaser terminates the contract within 30 days of execution, the purchaser shall be refunded all consideration paid or delivered, together with any interest or income accrued thereon; if the purchaser terminates the contract after 30 days, the purchaser shall be refunded any amounts required to be deposited under § 54.1-2822 , together with any interest or income accrued thereon;

8. Provides that if the particular supplies and services specified in the contract are unavailable at the time of delivery, the seller shall be required to furnish supplies and services similar in style and at least equal in quality of material and workmanship and the representative of the deceased shall have the right to choose the supplies or services to be substituted;

9. Discloses any penalties or restrictions, including but not limited to geographic restrictions or the inability of the provider to perform, on the delivery of merchandise, services or prearrangement guarantee; and

10. Complies with all disclosure requirements imposed by the Board.

If the contract seller will not be furnishing the supplies and services to the purchaser, the contract seller must attach to the preneed funeral contract a copy of the seller's agreement with the provider.

B. Subject to the requirements of § 54.1-2822 , a preneed funeral contract may provide for an irrevocable trust or an amount in an irrevocable trust that is specifically identified as available exclusively for funeral or burial expenses, where:

1. A person irrevocably contracts for funeral goods and services, such person funds the contract by prepaying for the goods and services, and the funeral provider residing or doing business within the Commonwealth subsequently places the funds in a trust; or

2. A person establishes an irrevocable trust naming the funeral provider as the beneficiary; however, such person shall have the right to change the beneficiary to another funeral provider pursuant to § 54.1-2822 .

C. If a life insurance or annuity contract is used to fund the preneed funeral contract, the face amount of any life insurance policy issued to fund a preneed funeral contract shall not be decreased over the life of the life insurance policy except for life insurance policies that have lapsed due to the nonpayment of premiums or have gone to a nonforfeiture option that lowers the face amount as allowed for in the provisions of the policy. The following must also be disclosed as prescribed by the Board:

1. The fact that a life insurance policy or annuity contract is involved or being used to fund the preneed contract;

2. The nature of the relationship among the soliciting agent, the provider of the supplies or services, the prearranger and the insurer;

3. The relationship of the life insurance policy or annuity contract to the funding of the preneed contract and the nature and existence of any guarantees relating to the preneed contract; and

4. The impact on the preneed contract of (i) any changes in the life insurance policy or annuity contract including but not limited to changes in the assignment, beneficiary designation or use of the proceeds, (ii) any penalties to be incurred by the policyholder as a result of failure to make premium payments, (iii) any penalties to be incurred or moneys to be received as a result of cancellation or surrender of the life insurance policy or annuity contract, and (iv) all relevant information concerning what occurs and whether any entitlements or obligations arise if there is a difference between the proceeds of the life insurance policy or annuity contract and the amount actually needed to fund the preneed contract.

D. When the consideration consists in whole or in part of any real estate, the contract shall be recorded as an attachment to the deed whereby such real estate is conveyed, and the deed shall be recorded in the clerk's office of the circuit court of the city or county in which the real estate being conveyed is located.

E. If any funeral supplies are sold and delivered prior to the death of the subject for whom they are provided, and the seller or any legal entity in which he or a member of his family has an interest thereafter stores these supplies, the risk of loss or damage shall be upon the seller during such period of storage.

1989, c. 684; 1991, c. 721; 1992, c. 635; 1998, c. 738 ; 1999, c. 819 ; 2003, cc. 663 , 673 ; 2007, c. 621 ; 2022, cc. 18 , 641 ; 2024, c. 247 .
Va. Code Ann. § 54.1-1200 — Virginia Code / Title 54.1 / Subtitle II / Chapter 12 / Section 54.1-1200
Repealed
Status: repealed

Repealed by Acts 2000, c. 726 , cl. 2.
Va. Code Ann. § 54.1-3434.03 — Virginia Code / Title 54.1 / Subtitle III / Chapter 34 / Article 2 / Section 54.1-3434.03
Continuous quality improvement program
Status: in_force

Each pharmacy shall implement a program for continuous quality improvement, according to regulations of the Board. Such program shall provide for a systematic, ongoing process of analysis of dispensing errors that uses findings to formulate an appropriate response and to develop or improve pharmacy systems and workflow processes designed to prevent or reduce future errors. The Board shall promulgate regulations to further define the required elements of such program.

Any pharmacy that actively reports to a patient safety organization that has as its primary mission continuous quality improvement under the Patient Safety and Quality Improvement Act of 2005 (P.L. 109-41), shall be deemed in compliance with this section.

2011, c. 124 .
Va. Code Ann. § 54.1-3416 — Virginia Code / Title 54.1 / Subtitle III / Chapter 34 / Article 1 / Section 54.1-3416
No prescription for preparations listed pursuant to Schedule V
Status: in_force

A preparation listed pursuant to Schedule V may be dispensed without a prescription if:

1. The preparation is dispensed only by a pharmacist directly to the person requesting the preparation;

2. The preparation is dispensed only to a person who is at least eighteen years of age;

3. The pharmacist requires the person requesting the preparation to furnish suitable identification including proof of age when appropriate;

4. The pharmacist does not dispense to any one person, or for the use of any one person or animal, any narcotic drug preparation or preparations, when he knows, or can by reasonable diligence ascertain, that such dispensing will provide the person to whom or for whose use, or the owner of the animal for the use of which, such preparation is dispensed, within 48 consecutive hours, with more than 200 milligrams of opium, or more than 270 milligrams of codeine, or more than 130 milligrams of dihydrocodeinone, or more than 65 milligrams of ethylmorphine, or more than 32 5/10 milligrams of diphenoxylate. In dispensing such a narcotic drug preparation, the pharmacist shall exercise professional discretion to ensure that the preparation is being dispensed for medical purposes only.

Any pharmacist shall, at the time of dispensing, make and keep a record showing the date of dispensing, the name and quantity of the preparation, the name and address of the person to whom the preparation is dispensed, and enter his initials thereon. Such records shall be maintained as set forth in § 54.1-3404 and the regulations of the Board.

1970, c. 650, § 54-524.75; 1972, c. 798; 1988, c. 765.
Va. Code Ann. § 54.1-3814 — Virginia Code / Title 54.1 / Subtitle III / Chapter 38 / Section 54.1-3814
Declawing cats; devocalization of dogs; prohibition
Status: in_force

A. As used in this section:

"Cat" means any domesticated species of the family Felidae and does not include any wild or nonnative species of the family Felidae.

"Declawing procedure" means (i) an onychectomy, a dactylectomy, a phalangectomy, or any other procedure that removes a portion of the paw or digit of a cat in order to remove a claw; (ii) a tendonectomy or any other procedure that cuts or modifies the tendon of the limb, paw, or digit of a cat in order to prohibit the normal movement of a claw; or (iii) any procedure that prevents the normal functioning of one or more claws of a cat. "Declawing procedure" does not include nail filing, nail trimming, or the placement of temporary nail caps on one or more claws of a cat.

"Therapeutic purpose" means any action intended (i) to address an existing or recurring infection, disease, injury, or abnormal condition in an animal's claw, nail bed, or toe bone that jeopardizes the animal's health, and for which addressing the infection, disease, injury, or abnormal condition is a medical necessity, as documented by a licensed veterinarian, or (ii) to protect the owner's life or health, as documented by a licensed physician, when such owner has been diagnosed with an infection, disease, disorder, or similar condition that could reasonably be expected to worsen if such owner were to be scratched by a cat. For purposes of this definition, "owner" includes members of the owner's household. "Therapeutic purpose" does not include any action performed for cosmetic or aesthetic reasons or reasons of convenience in the keeping or handling of a cat.

B. It is unlawful for any person engaged in the practice of veterinary medicine to perform a declawing procedure on a cat, except such person may perform such a procedure if it is necessary for a therapeutic purpose.

C. It is unlawful for any person engaged in the practice of veterinary medicine to perform a surgical devocalization procedure on a dog, except when such procedure is necessary to treat or relieve any injury, disease, or congenital defect that is causing or may cause the dog physical pain or harm.

2024, c. 748 ; 2026, c. 829 .
Va. Code Ann. § 54.1-2330 — Virginia Code / Title 54.1 / Subtitle II / Chapter 23.1 / Section 54.1-2330
Specific funds and income to remain in preneed trust account; exception
Status: in_force

Specific funds shall remain intact until the property is delivered or services performed as specified in the contract. The net income from the preneed trust account, after payment of any appropriate trustee fees, commissions, and costs, shall remain in the account and be reinvested and compounded. Any trustee fees, commissions, and costs in excess of income shall be paid by the cemetery company and not from the trust. However, the trustee shall, as of the close of the cemetery company's fiscal year, upon written assurance to the trustee of a certified public accountant employed by the seller, return to the seller any income in the seller's account which, when added to the specific funds, is in excess of the current cost requirements for all undelivered property or services included in the seller's preneed burial contracts. The seller's cost requirements shall be certified in its records by an affidavit sworn by the compliance agent and shall be determined by the seller as of the close of the cemetery company's fiscal year.

1998, cc. 708 , 721 .
Va. Code Ann. § 54.1-2985.1 — Virginia Code / Title 54.1 / Subtitle III / Chapter 29 / Article 8 / Section 54.1-2985.1
Injunction; court-ordered health care
Status: in_force

A. On petition of any person to the circuit court of the county or city in which any patient resides or is located for whom health care will be or is currently being provided, continued, withheld, or withdrawn pursuant to this article, the court may enjoin such action upon finding by a preponderance of the evidence that the action is not lawfully authorized by this article or by other state or federal law.

B. Nothing in this article shall limit the ability of any person to petition and obtain a court order for health care, including mental health treatment authorized by Chapter 8 (§ 37.2-800 et seq.) of Title 37.2, of any patient pursuant to any other existing law in the Commonwealth.

2009, cc. 211 , 268 .
Va. Code Ann. § 54.1-2331 — Virginia Code / Title 54.1 / Subtitle II / Chapter 23.1 / Section 54.1-2331
Disbursement of trust funds upon performance of contract
Status: in_force

A. Upon performance of the preneed burial contract, the seller shall certify to the trustee by affidavit the amount of specific funds in the trust, identified to the contract performed, which the trustee shall pay to the seller. The seller may in its records itemize the property or services and the consideration paid or to be paid therefor, to which the deposit requirements of this chapter apply. In such case, the seller may, upon certification to the trustee of performance or delivery of such property or services and of the amount of specific trust funds identified in its records to such items, request disbursement of that portion of the specific funds deposited pursuant to the contract, which the trustee shall pay to the seller.

B. If the preneed contract provides for two or more persons, the seller may, at its option, designate in its records the consideration paid for each individual in the preneed burial contract. In such case, upon performance of that portion of the contract identified to a particular individual, the seller may request, by certification in the manner described above, the disbursement of trust funds applicable to that portion of the contract, which the trustee shall pay to the seller.

1998, cc. 708 , 721 .
Va. Code Ann. § 54.1-2136 — Virginia Code / Title 54.1 / Subtitle II / Chapter 21 / Article 3 / Section 54.1-2136
Preconditions to brokerage relationship
Status: in_force

Prior to entering into any brokerage relationship provided for in this article, a licensee shall advise the prospective client of (i) the type of brokerage relationship proposed by the broker and (ii) the broker's compensation and whether the broker will share such salary or compensation with another broker who may have a brokerage relationship with another party to the transaction.

1995, cc. 741 , 813 .
Va. Code Ann. § 54.1-2504 — Virginia Code / Title 54.1 / Subtitle III / Chapter 25 / Section 54.1-2504
Appointment of Director
Status: in_force

The Director of the Department of Health Professions shall be appointed by the Governor, subject to confirmation by the General Assembly, to serve at the pleasure of the Governor.

1986, c. 564, § 54-954.1; 1988, c. 765.
Va. Code Ann. § 54.1-3011.1 — Virginia Code / Title 54.1 / Subtitle III / Chapter 30 / Article 1 / Section 54.1-3011.1
Additional fee required for licensure of certain practitioners
Status: in_force

In addition to the fees authorized for licensure and renewal by § 54.1-2400 , the Board is authorized to charge a fee not to exceed one dollar for the licensure of every practical nurse and registered nurse to be deposited in the Nursing Scholarship and Loan Repayment Fund established pursuant to § 54.1-3011.2 . Such fees shall be used to fund scholarships established pursuant to subsection A of § 32.1-122.6:01 .

1991, c. 669; 2000, cc. 240 , 254 .
Va. Code Ann. § 54.1-1507 — Virginia Code / Title 54.1 / Subtitle II / Chapter 15 / Article 3 / Section 54.1-1507
Practice of opticians restricted
Status: in_force

No person shall practice or offer to practice as an optician in the Commonwealth unless he holds a license issued under this chapter.

1954, c. 237, § 54-398.3; 1974, c. 534; 1988, c. 765, § 54.1-1704; 2012, cc. 803 , 835 .
Va. Code Ann. § 54.1-2808.1 — Virginia Code / Title 54.1 / Subtitle III / Chapter 28 / Article 1 / Section 54.1-2808.1
Disposition of cremains
Status: in_force

Except as otherwise provided in § 54.1-2808.2 , a funeral director may dispose of the cremains of an individual by interment, entombment, inurnment, or by scattering of the cremains, if after 120 days from the date of cremation, the contracting agent has not claimed the cremains or instructed the funeral director as to final disposition. The funeral director shall keep a permanent record of all cremains which identifies the method and site of final disposition. The costs and all reasonable expenses incurred in disposing of the cremains shall be borne by the contracting agent. Upon the disposition of the cremains, the funeral director shall not be liable for the cremains or for the method of final disposition. Except as otherwise provided in § 54.1-2808.2 , any funeral director in possession of unclaimed cremains prior to July 1, 1993, may dispose of such cremains in accordance with the provisions of this section. However, no funeral director shall, without written permission of the contracting agent, dispose of cremains in a manner or a location in which the cremains of the deceased are commingled, except in the scattering of cremains at sea, by air, or in an area used exclusively for such purpose, or place, temporarily, the cremains of persons in the same container or urn.

For the purposes of this section and § 54.1-2808.2 , "contracting agent" means any person, organization, association, institution, or group of persons who contracts with a funeral director or funeral establishment for funeral services.

1993, c. 531; 2012, cc. 24 , 120 ; 2015, c. 138 .
Va. Code Ann. § 54.1-2962.01 — Virginia Code / Title 54.1 / Subtitle III / Chapter 29 / Article 6 / Section 54.1-2962.01
Anatomic pathology services; fees
Status: in_force

A. No practitioner licensed in accordance with the provisions of this chapter shall charge a fee for anatomic pathology services that is greater than the amount billed to the practitioner for the actual performance of such anatomic pathology services when such services are (i) performed by a person other than the practitioner or (ii) performed by a person not under the supervision of the practitioner.

B. A practitioner may charge a fee for specimen collection and transportation, provided the fee conforms to the current procedural terminology codes for procedures and services of the American Medical Association and the patient is made aware of the fee in writing prior to collection. For the purposes of this section, "anatomic pathology services" include the gross or microscopic examination and histological processing of human organ tissue; the examination of human cells from fluids, aspirates, washings, brushings, or smears; or other subcellular or molecular pathology services.

2014, c. 81 .
Va. Code Ann. § 54.1-1129 — Virginia Code / Title 54.1 / Subtitle II / Chapter 11 / Article 3 / Section 54.1-1129
Necessity for licensure
Status: in_force

A. Beginning July 1, 1995, no individual shall engage in, or offer to engage in, work as a tradesman as defined in § 54.1-1128 unless he has been licensed under the provisions of this article. Individuals shall not be subject to licensure as a tradesman when working under the supervision of a tradesman who is licensed in the specialty for which work is being performed. Individuals holding a license in one specialty shall not be required to have a tradesman license in another specialty when performing work which is incidental to work being performed under their own specialty license.

B. Beginning July 1, 1998, no individual shall present himself as a certified backflow prevention device worker as defined in § 54.1-1128 unless he has been certified under the provisions of this article. Individuals certified as backflow prevention device workers shall not be required to hold any other professional or occupational license or certification; however, nothing in this subsection shall prohibit an individual from holding more than one professional or occupational license or certification. The certification program set forth in this article concerning backflow prevention device workers shall be voluntary and shall not be construed to prevent or affect the practice of backflow prevention device workers by those not certified by the Board, so long as any requirements of the applicable local governing body's programs relating to backflow prevention device workers are met. All local governing bodies shall accept certification by the Board of backflow prevention device workers as proof of experience and training without requiring additional examination.

C. Beginning one year after the effective date of the Board's final regulations, no individual shall engage in, or offer to engage in, work as a liquefied petroleum gas fitter or natural gas fitter provider as defined in § 54.1-1128 unless he has been licensed under the provisions of this article.

D. Beginning July 1, 2007, no individual shall engage in the drilling, installation, maintenance, or repair of a water well or water well system unless a certified water well systems provider is onsite at all times. Until June 30, 2012, any level of certification shall satisfy this requirement. Beginning July 1, 2012, only a certified individual shall engage in the drilling, installation, maintenance, or repair of a water well or water well system and a then certified master water well systems provider shall be available at all times. Nothing in this subsection shall be construed to prohibit licensed plumbing tradesman from (i) completing work contained in the applicable plumbing code, or (ii) performing normal maintenance and repair on large-diameter bored or hand-dug water table wells provided such wells are 100 feet or less in depth and the work is being performed for an entity granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code.

1994, c. 895 ; 1996, cc. 934 , 1006 ; 1997, cc. 403 , 885 ; 1999, c. 343 ; 2000, c. 406 ; 2005, c. 792 ; 2008, c. 631 .
Va. Code Ann. § 54.1-2615 — Virginia Code / Title 54.1 / Subtitle III / Chapter 26 / Article 2 / Section 54.1-2615
Rulemaking
Status: in_force

A. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

B. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four years of the date of adoption of the rule, the rule shall have no further force and effect in any member state.

C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

D. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 30 days in advance of the meeting at which the rule shall be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:

1. On the website of the Commission or other publicly accessible platform; and

2. On the website of each member state audiology or speech-language pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

E. The Notice of Proposed Rulemaking shall include:

1. The proposed time, date, and location of the meeting in which the rule shall be considered and voted upon;

2. The text of the proposed rule or amendment and the reason for the proposed rule;

3. A request for comments on the proposed rule from any interested person; and

4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

F. Prior to the adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

G. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

1. At least 25 persons;

2. A state or federal governmental subdivision or agency; or

3. An association having at least 25 members.

H. If a public hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the public hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.

1. All persons wishing to be heard at the public hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the public hearing not less than five business days before the scheduled date of the public hearing.

2. Public hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

3. All public hearings shall be recorded. A copy of the recording shall be made available on request.

4. Nothing in this section shall be construed as requiring a separate public hearing on each rule. Rules may be grouped for the convenience of the Commission at public hearings required by this section.

I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

J. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.

K. The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or a public hearing, provided that the usual rulemaking procedures provided in this Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, and in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or welfare;

2. Prevent a loss of Commission or member state funds; or

3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.

M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

2023, c. 337 .
Va. Code Ann. § 54.1-3938.1 — Virginia Code / Title 54.1 / Subtitle IV / Chapter 39 / Article 6 / Section 54.1-3938.1
Subpoena issued pursuant to law of another jurisdiction
Status: in_force

Whenever a subpoena is sought in this Commonwealth pursuant to the laws of another jurisdiction for use in lawyer discipline or disability proceedings, and where the request for the subpoena has been duly approved under the laws of the other jurisdiction, the chair or a vice-chair of the Virginia State Bar Disciplinary Board, upon receiving an application from Bar Counsel, may issue a subpoena as provided in this section to compel the attendance of witnesses and production of documents in the county or city in the Commonwealth where the witness resides or is employed or elsewhere as agreed by the witness. The circuit courts shall have the power to enforce a subpoena issued pursuant to this section and to adjudge disobedience thereof as contempt. The privilege extended by this section shall be available only to those jurisdictions that extend a similar privilege for disciplinary proceedings in this Commonwealth.

2000, cc. 24 , 188 .
Va. Code Ann. § 54.1-3303.1 — Virginia Code / Title 54.1 / Subtitle III / Chapter 33 / Article 1 / Section 54.1-3303.1
Initiating of treatment with and dispensing and administering of controlled substances by pharmacists
Status: in_force

A. Notwithstanding the provisions of § 54.1-3303 , a pharmacist may initiate treatment with, dispense, or administer the following drugs, devices, controlled paraphernalia, and other supplies and equipment to persons 18 years of age or older with whom the pharmacist has a bona fide pharmacist-patient relationship and in accordance with a statewide protocol developed by the Board in collaboration with the Board of Medicine and the Department of Health and set forth in regulations of the Board:

1. Naloxone or other opioid antagonist, including such controlled paraphernalia, as defined in § 54.1-3466 , as may be necessary to administer such naloxone or other opioid antagonist;

2. Epinephrine;

3. Injectable or self-administered hormonal contraceptives, provided the patient completes an assessment consistent with the United States Medical Eligibility Criteria for Contraceptive Use;

4. Prenatal vitamins for which a prescription is required;

5. Dietary fluoride supplements, in accordance with recommendations of the American Dental Association for prescribing of such supplements for persons whose drinking water has a fluoride content below the concentration recommended by the U.S. Department of Health and Human Services;

6. Drugs as defined in § 54.1-3401 , devices as defined in § 54.1-3401 , controlled paraphernalia as defined in § 54.1-3466 , and other supplies and equipment available over-the-counter, covered by the patient's health carrier when the patient's out-of-pocket cost is lower than the out-of-pocket cost to purchase an over-the-counter equivalent of the same drug, device, controlled paraphernalia, or other supplies or equipment;

7. Vaccines included on the Immunization Schedule published by the Centers for Disease Control and Prevention and vaccines for COVID-19;

8. Tuberculin purified protein derivative for tuberculosis testing;

9. Controlled substances for the prevention of human immunodeficiency virus, including controlled substances prescribed for pre-exposure and post-exposure prophylaxis pursuant to guidelines and recommendations of the Centers for Disease Control and Prevention;

10. Nicotine replacement and other tobacco cessation therapies, including controlled substances as defined in the Drug Control Act (§ 54.1-3400 et seq.), together with providing appropriate patient counseling;

11. Controlled substances or devices for the initiation of treatment of the following diseases or conditions for which clinical decision making can be guided by a clinical test that is classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988: group A Streptococcus bacteria infection, influenza virus infection, COVID-19 virus infection, and urinary tract infection; and

12. Tests for COVID-19 and other coronaviruses.

B. Notwithstanding the provisions of § 54.1-3303 , a pharmacist may initiate treatment with, dispense, or administer the following drugs and devices to persons three years of age or older in accordance with a statewide protocol as set forth in regulations of the Board:

1. (Contingent Effective Date) Vaccines included on the Immunization Schedule published by the Centers for Disease Control and Prevention and vaccines for COVID-19; and

2. (Contingent Effective Date) Tests for COVID-19 and other coronaviruses.

C. A pharmacist who initiates treatment with or dispenses or administers a drug or device pursuant to this section shall notify the patient's primary health care provider that the pharmacist has initiated treatment with such drug or device or that such drug or device has been dispensed or administered to the patient, provided that the patient consents to such notification. No pharmacist shall limit the ability of notification to be sent to the patient's primary care provider by requiring use of electronic mail that is secure or compliant with the federal Health Insurance Portability and Accountability Act (42 U.S.C. § 1320d et seq.). If the patient does not have a primary health care provider, the pharmacist shall counsel the patient regarding the benefits of establishing a relationship with a primary health care provider and provide information regarding primary health care providers, including federally qualified health centers, free clinics, or local health departments serving the area in which the patient is located. If the pharmacist is initiating treatment with, dispensing, or administering injectable or self-administered hormonal contraceptives, the pharmacist shall counsel the patient regarding seeking preventative care, including (i) routine well-woman visits, (ii) testing for sexually transmitted infections, and (iii) pap smears.

D. A pharmacist who administers a vaccination pursuant to subdivisions A 7 and B 1 shall report such administration to the Virginia Immunization Information System in accordance with the requirements of § 32.1-46.01 .

E. A pharmacist who initiates treatment with, dispenses, or administers drugs, devices, controlled paraphernalia, and other supplies and equipment pursuant to this section shall obtain a history from the patient, including questioning the patient for any known allergies, adverse reactions, contraindications, or health diagnoses or conditions that would be adverse to the initiation of treatment, dispensing, or administration.

F. A pharmacist may initiate treatment with, dispense, or administer drugs, devices, controlled paraphernalia, and other supplies and equipment pursuant to this section through telemedicine services, as defined in § 38.2-3418.16 , in compliance with all requirements of § 54.1-3303 and consistent with the applicable standard of care.

G. A pharmacist who administers a vaccination to a minor pursuant to subdivision B 1 shall provide written notice to the minor's parent or guardian that the minor should visit a pediatrician annually.

2020, c. 731 ; 2021, Sp. Sess. I, c. 214 ; 2022, cc. 790 , 791 ; 2023, cc. 171 , 172 .
Va. Code Ann. § 54.1-703 — Virginia Code / Title 54.1 / Subtitle II / Chapter 7 / Section 54.1-703
License required
Status: in_force

No person shall offer to engage in or engage in barbering, cosmetology, nail care, waxing, tattooing, body-piercing, ear-piercing, or esthetics without a valid license issued by the Board, except as provided in § 54.1-701 .

1979, c. 408, § 54-83.22:1; 1988, c. 765; 2000, c. 726 ; 2002, cc. 797 , 869 ; 2003, c. 600 ; 2005, c. 829 ; 2012, cc. 803 , 835 ; 2025, cc. 308 , 322 .
Va. Code Ann. § 54.1-2355 — Virginia Code / Title 54.1 / Subtitle II / Chapter 23.4 / Section 54.1-2355
Repealed
Status: repealed

Repealed by Acts 2020, c. 1168 , cl. 1.
Va. Code Ann. § 54.1-2623 — Virginia Code / Title 54.1 / Subtitle III / Chapter 26 / Article 3 / Section 54.1-2623
(Effective July 1, 2027) Revocation or suspension; other sanctions
Status: in_force

The Board may refuse to issue a license to any applicant; suspend, for a stated period or indefinitely, or revoke any license; or censure or reprimand any licensee or place such person on probation for such time as it may designate for any of the following causes:

1. Obtaining a license through fraud, deceit, or misrepresentation;

2. Being convicted of any felony or being convicted of any crime involving moral turpitude;

3. Using alcohol or drugs to the extent that such use renders the person unsafe to practice as a speech-language pathologist assistant;

4. Any unprofessional conduct likely to defraud or to deceive the public or patients;

5. Practicing in an intentional or negligent manner that causes or is likely to cause injury to a patient or patients;

6. Assisting persons whom he knew or had reason to believe were unlicensed to practice as a speech-language pathologist or speech-language pathologist assistant;

7. Violating, assisting, or inducing others to violate any provision of this article or any Board regulation;

8. Conducting his practice in a manner contrary to the standards of ethics of a speech-language pathologist assistant;

9. Practicing or causing others to practice in a manner that is dangerous to the health and welfare of his patients or to the public;

10. Practicing outside the scope of the speech-language pathologist assistant's education, training, and experience; or

11. Receiving a revocation, suspension, or restriction of a license to practice as a speech-language pathologist assistant in another state, possession, or territory of the United States or foreign country.

2025, c. 649 .
Va. Code Ann. § 54.1-300 — Virginia Code / Title 54.1 / Subtitle II / Chapter 3 / Section 54.1-300
Definitions
Status: in_force

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 person certifying that he possesses the character and minimum skills to engage properly in his profession or occupation.

"Department" means the Department of Professional and Occupational Regulation.

"Director" means the Director of the Department of Professional and Occupational Regulation.

"Inspection" means a method of regulation whereby a state agency periodically examines the activities and premises of practitioners of an occupation or profession to ascertain if the practitioner is carrying out his profession or occupation in a manner consistent with the public health, safety and welfare.

"Licensure" means a method of regulation whereby the Commonwealth, through the issuance of a license, authorizes a person possessing the character and minimum skills to engage in the practice of a profession or occupation that is unlawful to practice without a license.

"Registration" means a method of regulation whereby any practitioner of a profession or occupation may be required to submit information concerning the location, nature and operation of his practice.

"Regulatory board" means the Auctioneers Board, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, Board for Barbers and Cosmetology, Board for Branch Pilots, Board for Contractors, Board for Hearing Aid Specialists and Opticians, Board for Professional Soil Scientists, Wetland Professionals, and Geologists, Board for Waste Management Facility Operators, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, Cemetery Board, Real Estate Appraiser Board, Real Estate Board, Fair Housing Board, Virginia Board for Asbestos, Lead, and Home Inspectors, and Common Interest Community Board.

1979, c. 408, § 54-1.18; 1980, c. 757; 1981, c. 132; 1982, c. 538; 1983, cc. 115, 322; 1984, cc. 82, 203; 1985, c. 448; 1987, c. 686; 1988, cc. 354, 716, 765; 1990, cc. 459, 466; 1991, c. 551; 1993, c. 499; 1998, c. 27 ; 1999, c. 950 ; 2000, c. 726 ; 2001, cc. 723 , 832 ; 2002, c. 784 ; 2003, c. 575 ; 2007, cc. 892 , 924 ; 2009, cc. 358 , 557 ; 2012, cc. 803 , 835 .
Va. Code Ann. § 54.1-1148 — Virginia Code / Title 54.1 / Subtitle II / Chapter 11 / Article 6 / Section 54.1-1148
Continuing education
Status: in_force

The Board shall establish in the regulations requirements for continuing education as a prerequisite to renewal of a certificate issued under this article. The Board shall require evidence of knowledge of changes to the Virginia Statewide Fire Prevention Code as a prerequisite to renewal of any certificate issued under this article. In addition, the Board may require continuing education for any individual who is found to be in violation of law or regulations governing automatic fire sprinkler inspectors certified under this article.

2019, c. 726 .
Va. Code Ann. § 54.1-2338 — Virginia Code / Title 54.1 / Subtitle II / Chapter 23.1 / Section 54.1-2338
Use of trustee's name in advertisements
Status: in_force

No person subject to the provisions of this chapter shall use the name of the trustee in any advertisement or other public solicitation without written permission of the trustee.

1998, cc. 708 , 721 .
Va. Code Ann. § 54.1-3475 — Virginia Code / Title 54.1 / Subtitle III / Chapter 34.1 / Article 1 / Section 54.1-3475
Board of Physical Therapy; appointment; qualifications; officers; nominations
Status: in_force

A. The Board of Physical Therapy shall regulate the practice of physical therapy and carry out the provisions of this chapter regarding the qualifications, examination, licensure and regulation of physical therapists and physical therapist assistants and shall have the general powers and duties of a health regulatory board pursuant to § 54.1-2400 .

B. The Board shall be appointed by the Governor and shall be composed of seven members, five of whom shall be physical therapists who have been in active practice for at least seven years prior to appointment with at least three of such years in Virginia; one shall be a licensed physical therapist assistant; and one shall be a citizen member. Members shall be appointed for terms of four years and shall serve until their successors are appointed. The initial appointments shall provide for staggered terms with two members being appointed for a one-year term, two members being appointed for a two-year term, two members being appointed for a three-year term, and one member being appointed for a four-year term. Vacancies occurring other than by expiration of term shall be filled for the unexpired term. No person shall be eligible to serve on the Board for more than two successive full terms.

C. The Board shall annually elect a president and a vice-president.

D. Nominations for the professional members of the Board may be chosen by the Governor from a list of at least three names for each vacancy submitted by the Virginia Physical Therapy Association, Inc. The Governor may notify the Association of any professional vacancy other than by expiration of a term and nominations may be submitted by the Association. The Governor shall not be bound to make any appointments from among such nominees.

2000, c. 688 .
Va. Code Ann. § 54.1-2960 — Virginia Code / Title 54.1 / Subtitle III / Chapter 29 / Article 5 / Section 54.1-2960
Medical students in hospitals
Status: in_force

Subject to such restrictions as the Board, in consultation with the deans of the medical schools of this Commonwealth, may prescribe by regulation, third and fourth year medical students engaged in a course of study approved by the Board may be employed by legally established and licensed hospitals to prepare medical history information and perform physical examinations where such practice is confined strictly to persons who are bona fide patients within the hospital or who receive treatment and advice in an outpatient department of the hospital. Such students shall be responsible and accountable at all times to a licensed physician member of the hospital staff. This section shall not have the effect of removing the responsibility of the attending physician to assure that a licensed physician shall do a history and physical examination on each hospitalized patient.

1977, c. 568, § 54-276.7:1; 1988, c. 765.
Va. Code Ann. § 54.1-4305 — Virginia Code / Title 54.1 / Subtitle V / Chapter 43 / Section 54.1-4305
Prohibited sale of certain merchandise; penalty
Status: in_force

A. No itinerant merchant shall offer for sale or knowingly permit the sale of any infant formula, baby formula or nonprescription drugs. This section shall not apply to any person who maintains for public inspection a valid authorization identifying such person as an authorized representative of the manufacturer or distributor of the prohibited merchandise.

B. Any person convicted of violating this section shall be guilty of a Class 3 misdemeanor on the first offense. Upon conviction of any subsequent offense he shall be guilty of a Class 2 misdemeanor.

2002, cc. 138 , 529 .