dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 37 (SOCIAL WORK)
§ 54.1-3705. Specific powers and duties of the Board.
In addition to the powers granted in § 54.1-2400, the Board shall have the following specific powers and duties:

1. To cooperate with and maintain a close liaison with other professional boards and the community to ensure that regulatory systems stay abreast of community and professional needs.

2. To conduct inspections to ensure that licensees conduct their practices in a competent manner and in conformance with the relevant regulations.

3. To designate specialties within the profession.

4. Expired.

5. To license baccalaureate social workers, master's social workers, and clinical social workers to practice consistent with the requirements of the chapter and regulations of the Board.

6. To register persons proposing to obtain supervised post-degree experience in the practice of social work required by the Board for licensure as a clinical social worker.

7. To pursue the establishment of reciprocal agreements with jurisdictions that are contiguous with the Commonwealth for the licensure of baccalaureate social workers, master's social workers, and clinical social workers. Reciprocal agreements shall require that a person hold a comparable, current, unrestricted license in the other jurisdiction and that no grounds exist for denial based on the Code of Virginia and regulations of the Board.

8. To maintain on the Board's website a list of the names and contact information of persons currently approved by the Board to supervise candidates for licensure as a clinical social worker.

9. To allow supervisees pursuing licensure as a clinical social worker to change or add a supervisor from the Board's list of currently approved supervisors without prior approval from the Board.

1976, c. 608, §§ 54-929, 54-931; 1983, c. 115; 1986, cc. 64, 100, 464; 1988, c. 765; 1994, c. 778; 2018, c. 451; 2020, c. 617; 2023, c. 489.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 37 (SOCIAL WORK)
§ 54.1-3706. License required.
In order to engage in the practice of social work, it shall be necessary to hold a license.

1979, c. 408, § 54-943.1; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 37 (SOCIAL WORK)
§ 54.1-3707. Licenses continued.
All licenses heretofore issued by the Board of Social Work and its predecessors shall continue in effect, and be renewable under this chapter.

1976, c. 608, § 54-943; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 37 (SOCIAL WORK)
§ 54.1-3707.1. Educational requirements.
The Board shall accept proof of the successful completion of the following as evidence of the satisfaction of the educational requirements for licensure as a clinical social worker: (i) a master's degree in social work with a clinical course of study from a program accredited by the Council on Social Work Education, (ii) a master's degree in social work with a non-clinical concentration from a program accredited by the Council on Social Work Education together with successful completion of the educational requirements for a clinical course of study through a graduate program accredited by the Council on Social Work Education, or (iii) a program of education and training in social work at an educational institution outside the United States recognized by the Council on Social Work Education. For the purposes of this section, "clinical course of study" means graduate coursework that includes specialized advanced courses in human behavior and the social environment, social justice and policy, psychopathology, and diversity issues; research; clinical practice with individuals, families, and groups; and clinical practicum that focuses on diagnostic, prevention, and treatment services.

2013, c. 533.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 37 (SOCIAL WORK)
§ 54.1-3708. Continuing education requirements.
The Board shall establish in regulations requirements for the continuing education of licensed social workers.

The Board may approve persons who provide continuing education or accredit continuing education programs in order to accomplish the purposes of this section.

1999, c. 575.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 37 (SOCIAL WORK)
§ 54.1-3709. Unlawful designation as social worker.
A. It shall be unlawful for any person not licensed under this chapter to use the title "Social Worker" in writing or in advertising in connection with his practice unless he simultaneously uses clarifying initials that signify receiving a baccalaureate or master's degree in social work from an accredited social work school or program approved by the Council on Social Work Education or a doctorate in social work.

B. If a complaint or report of a possible violation of this section is made against any person who is licensed, certified, registered, or permitted, or who holds a multistate licensure privilege issued by any of the health regulatory boards within the Department of Health Professions, that complaint shall be referred to the applicable board within the Department for disciplinary action. A violation of this section shall be a Class 1 misdemeanor.

C. Notwithstanding the provisions of this section, any individual meeting the qualifications provided for in 42 C.F.R. Part 483 may practice as a "qualified social worker" in any licensed nursing home using such title. However, any such individual may only use the title "social worker" in connection with the activities of the nursing home.

D. Notwithstanding the provisions of this section, any individual meeting the qualifications provided for in 42 C.F.R. § 418.114(b)(3) may practice as a "social worker" in any licensed hospice using such title. However, any such individual may only use the title "social worker" in connection with the activities of the hospice.

E. That nothing in this act shall be construed as requiring the Department of Social Services, or any other entity, to hire licensed social workers or social workers with a baccalaureate or master's degree in social work from an accredited social work school or program approved by the Council on Social Work Education or a doctorate in social work.

2011, c. 794.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 37 (SOCIAL WORK)
§ 54.1-3709.1. Definitions.
As used in this article, unless the context requires a different meaning:

"Music therapist" means a person who has (i) completed a bachelor's degree or higher in music therapy, or its equivalent; (ii) satisfied the requirements for licensure set forth in regulations adopted by the Board pursuant to § 54.1-3709.2; and (iii) been issued a license for the independent practice of music therapy by the Board.

"Music therapy" means the clinical and evidence-based use of music interventions to accomplish individualized goals within a therapeutic relationship through an individualized music therapy treatment plan for the client that identifies the goals, objectives, and potential strategies of the music therapy services appropriate for the client using music therapy interventions, which may include music improvisation, receptive music listening, songwriting, lyric discussion, music and imagery, music performance, learning through music, and movement to music. "Music therapy" does not include the screening, diagnosis, or assessment of any physical, mental, or communication disorder.

2020, cc. 103, 233.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 37 (SOCIAL WORK)
§ 54.1-3709.2. Music therapy; licensure.
A. The Board shall adopt regulations governing the practice of music therapy, upon consultation with the Advisory Board on Music Therapy established in § 54.1-3709.3. The regulations shall (i) set forth the educational, clinical training, and examination requirements for licensure to practice music therapy; (ii) provide for appropriate application and renewal fees; and (iii) include requirements for licensure renewal and continuing education. In developing such regulations, the Board shall consider requirements for board certification offered by the Certification Board for Music Therapists or any successor organization.

B. No person shall engage in the practice of music therapy or hold himself out or otherwise represent himself as a music therapist unless he is licensed by the Board.

C. Nothing in this section shall prohibit (i) the practice of music therapy by a student pursuing a course of study in music therapy if such practice constitutes part of the student's course of study and is adequately supervised or (ii) a licensed health care provider, other professional registered, certified, or licensed in the Commonwealth, or any person whose training and national certification attests to his preparation and ability to practice his certified profession or occupation from engaging in the full scope of his practice, including the use of music incidental to his practice, provided that he does not represent himself as a music therapist.

2020, cc. 103, 233.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 37 (SOCIAL WORK)
§ 54.1-3709.3. Advisory Board on Music Therapy; membership; terms.
A. The Advisory Board on Music Therapy (Advisory Board) is hereby established to assist the Board in formulating regulations related to the practice of music therapy. The Advisory Board shall also assist in such other matters relating to the practice of music therapy as the Board may require.

B. The Advisory Board shall have a total membership of five nonlegislative citizen members to be appointed by the Governor as follows: three members shall be licensed music therapists, one member shall be a licensed health care provider other than a music therapist, and one member shall be a citizen at large.

C. After the initial staggering of terms, members shall be appointed for a term of four years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may be reappointed. However, no member shall serve more than two consecutive four-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Vacancies shall be filled in the same manner as the original appointments.

2020, cc. 103, 233.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 37.1 (RECREATION SPECIALISTS [Repealed])
§ 54.1-3710. Repealed.
Repealed by Acts 1994, c. 514.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3800. Practice of veterinary medicine.
Any person shall be regarded as practicing veterinary medicine within the meaning of this chapter who represents himself, directly or indirectly, publicly or privately, as a veterinary doctor or uses any title, words, abbreviation or letters in a manner or under circumstances which may reasonably induce the belief that the person using them is qualified to practice veterinary medicine.

Any person shall be deemed to be practicing veterinary medicine who performs the diagnosis, treatment, correction, change, relief or prevention of animal disease, deformity, defect, injury, or other physical or mental conditions; including the performance of surgery or dentistry, the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique, and the use of any manual or mechanical procedure for embryo transfer, for testing for pregnancy, or for correcting sterility or infertility, or to render advice or recommendation with regard to any of the above.

Nothing in this chapter shall prohibit persons permitted or authorized by the Department of Wildlife Resources to do so from providing care for wildlife as defined in § 29.1-100, provided that the Department determines that such persons are in compliance with its regulations and permit conditions.

Code 1950, § 54-786; c. 574; 1978, c. 539; 1988, c. 765; 2014, c. 626; 2020, c. 958.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3801. Exceptions.
This chapter shall not apply to:

1. The owner of an animal and the owner's full-time, regular employee caring for and treating the animal belonging to such owner, except where the ownership of the animal was transferred for the purpose of circumventing the requirements of this chapter;

2. Veterinarians licensed in other states called in actual consultation with veterinarians licensed in the Commonwealth who do not open an office or appoint a place to practice within the Commonwealth;

3. Veterinarians employed by the United States or by the Commonwealth while actually engaged in the performance of their official duties, with the exception of those engaged in the practice of veterinary medicine, pursuant to § 54.1-3800, as part of a veterinary medical education program accredited by the American Veterinary Medical Association Council on Education and located in the Commonwealth;

4. Veterinarians providing free care in underserved areas of Virginia who (i) do not regularly practice veterinary medicine in Virginia, (ii) hold a current valid license or certificate to practice veterinary medicine in another state, territory, district, or possession of the United States, (iii) volunteer to provide free care in an underserved area of the Commonwealth under the auspices of a publicly supported all volunteer, nonprofit organization that sponsors the provision of health care to populations of underserved people, (iv) file copies of their licenses or certificates issued in such other jurisdiction with the Board, (v) notify the Board at least five business days prior to the voluntary provision of services of the dates and location of such service, and (vi) acknowledge, in writing, that such licensure exemption shall only be valid, in compliance with the Board's regulations, during the limited period that such free health care is made available through the volunteer, nonprofit organization on the dates and at the location filed with the Board. The Board may deny the right to practice in Virginia to any veterinarian whose license has been previously suspended or revoked, who has been convicted of a felony, or who is otherwise found to be in violation of applicable laws or regulations. However, the Board shall allow a veterinarian who meets the above criteria to provide volunteer services without prior notice for a period of up to three days, provided the nonprofit organization verifies that the practitioner has a valid, unrestricted license in another state; or

5. Persons purchasing, possessing, and administering drugs and biological products in a public or private animal shelter as defined in § 3.2-6500, provided that such purchase, possession, and administration is in compliance with § 54.1-3423.

Code 1950, § 54-786; c. 574; 1978, c. 539; 1988, c. 765; 2002, c. 740; 2008, c. 674; 2009, cc. 149, 169; 2014, c. 148; 2016, cc. 306, 479; 2018, c. 774.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3802. Board of Veterinary Medicine; appointment; officers; etc.
The Board of Veterinary Medicine shall consist of seven members as follows: five licensed veterinarians, one licensed veterinary technician and one citizen member. The terms of the members of the Board shall be for four years.

The Board shall annually elect a president, vice-president and secretary.

The Board shall meet at least once annually at such times and places as it may prescribe. Special meetings may be held upon the call of the president and any three members. Four members of the Board shall constitute a quorum.

Code 1950, §§ 54-776, 54-777, 54-783, 54-784; 1978, c. 539; 1986, c. 464; 1988, cc. 42, 765; 1995, c. 644.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3803. Nominations.
Nominations of professional members may be made from a list of at least three names for each vacancy submitted to the Governor by the Virginia Veterinary Medical Association. The Governor may notify such organization of any professional vacancy other than by expiration. In no case shall the Governor be bound to make any appointment from among the nominees.

1986, c. 464, § 54-777.1; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3804. Specific powers of Board.
In addition to the powers granted in § 54.1-2400, the Board shall have the following specific powers and duties:

1. To establish essential requirements and standards for approval of veterinary programs.

2. To establish and monitor programs for the practical training of qualified students of veterinary medicine or veterinary technology in programs of veterinary medicine or veterinary technology at institutions of higher education.

3. To regulate, inspect, and register all establishments, premises, and satellite offices where veterinary medicine is practiced.

4. To establish requirements for the licensure of persons engaged in the practice of veterinary medicine, pursuant to § 54.1-3800, as part of a veterinary medical education program accredited by the American Veterinary Medical Association Council on Education and located in the Commonwealth.

1978, c. 539, § 54-784.03; 1988, c. 765; 2016, c. 306; 2024, c. 604.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3804.1. Expired.
Expired.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3805. License required.
No person shall practice veterinary medicine or as a veterinary technician in this Commonwealth unless such person has been licensed by the Board.

1978, c. 539, § 54-786.2; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3805.1. Repealed.
Repealed by Acts 2016, c. 479, cl. 2.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3805.2. Continuing education.
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.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3805.3. Traineeships.
The Board may provide for the limited practice of veterinary medicine, as that term is defined by the Board, by a veterinary medicine licensure applicant enrolled in a traineeship program under the direct supervision of a licensed veterinarian.

2024, c. 307.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3806. Licensed veterinary technicians.
The Board may license a veterinary technician to perform acts relating to the treatment or the maintenance of the health of any animal under the immediate and direct supervision of a person licensed to practice veterinary medicine in the Commonwealth or a veterinarian who is employed by the United States or the Commonwealth while actually engaged in the performance of his official duties. No person licensed as a veterinary technician may perform surgery, diagnose, or prescribe medication for any animal.

1978, c. 539, § 54-786.3; 1988, c. 765; 2016, c. 100.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3806.1. Disclosure forms required.
Any animal medical care facility in the Commonwealth, excluding those facilities dealing with livestock, as defined in § 3.2-5900, which does not provide continuous medical care for all animals left in its charge shall, before taking charge of an animal, provide the client or agent thereof with a disclosure form which specifies the hours and days when continuous medical care is not available at the facility. Such form shall be separate and apart from any other form or information provided by the facility. Except in emergency situations when time or circumstances do not permit, such facilities may take charge of an animal only after the client or agent thereof has signed the disclosure form and returned it to the facility. Only one signed form per client shall be required, and the form shall be kept on file by the facility.

1991, c. 621; 1998, c. 158.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3807. Refusal to grant and to renew; revocation and suspension of licenses and registrations.
The Board may refuse to grant or to renew, may suspend, or may revoke any license to practice veterinary medicine or to practice as a veterinary technician or registration to practice as an equine dental technician if such applicant or holder:

1. Is convicted of any felony or of any misdemeanor involving moral turpitude;

2. Employs or permits any person who does not hold a license to practice veterinary medicine or to practice as a licensed veterinary technician or registration to practice as an equine dental technician to perform work which can lawfully be performed only by a person holding the appropriate license or registration;

3. Willfully violates any provision of this chapter or any regulation of the Board;

4. Has violated any federal or state law relating to controlled substances as defined in Chapter 34 (§ 54.1-3400 et seq.);

5. Is guilty of unprofessional conduct as defined by regulations of the Board;

6. Uses alcohol or drugs to the extent such use renders him unsafe to practice or suffers from any mental or physical condition rendering him unsafe to practice; or

7. Has had his license to practice veterinary medicine or as a veterinary technician or his registration to practice as an equine dental technician in any other state revoked or suspended for any reason other than nonrenewal or has surrendered such license or registration in lieu of disciplinary action.

1978, c. 539, § 54-786.4; 1979, c. 243; 1988, c. 765; 2007, c. 754; 2016, c. 479; 2020, c. 885.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3808. Repealed.
Repealed by Acts 1997, c. 556.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3809. Repealed.
Repealed by Acts 2016, c. 479, cl. 2.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3810. Report of conviction or injunction to Board.
It shall be the duty of the clerk of the court in which any person is convicted of a violation of this chapter or enjoined from practicing veterinary medicine to report the same to the Board.

1978, c. 539, § 54-786.8; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3811. Veterinary professionals rendering services without charge exempt from liability.
Any person licensed by the Board of Veterinary Medicine who, in good faith and without charge or compensation, renders health care services within the limits of his license to any animal, shall not be liable for civil damages for any act or omission resulting from the rendering of such services unless such act or omission was the result of that person's gross negligence or willful misconduct.

1992, c. 400.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3812. Release of records.
A. A veterinarian licensed by the Board shall release or authorize the release of rabies immunization records and other relevant treatment data of an animal under his care to (i) a requesting physician, physician assistant, or advanced practice registered nurse who is contemplating the administration of the rabies treatment protocol to any person under his care who has been the victim of a bite or other possible rabies exposure from such animal; (ii) a requesting animal control officer or law-enforcement officer who needs to identify the owner of such animal or verify the rabies vaccination history of such animal; or (iii) a requesting animal control officer or an official of the Department of Health who is investigating the incident.

B. Any veterinarian licensed by the Board who in good faith releases or authorizes the release of an animal's rabies immunization records and other relevant data pursuant to this section shall not be liable for civil damages resulting from the release of such information.

2000, c. 582; 2004, c. 855; 2006, c. 396; 2010, c. 834; 2023, c. 183.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3812.1. Reporting of animal cruelty.
Any person regulated by the Board who makes a report of suspected animal cruelty or who provides records or information related to a report of suspected cruelty or testifies in any judicial proceeding arising from such report, records, or information shall be immune from any civil or criminal liability or administrative penalty or sanction on account of such report, records, information, or testimony, unless such person acted in bad faith or with malicious purpose.

2010, c. 574; 2016, c. 100.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 38 (VETERINARY MEDICINE)
§ 54.1-3814. Declawing cats; prohibition.
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.

2024, c. 748.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3900.02. Disclosure of services provided by the Department of Veterans Services.
Attorneys who hold accreditation from the U.S. Department of Veterans Affairs to assist veterans with VA-related claims and appeals processes shall provide a written disclosure informing all clients of the free services provided by the Department of Veterans Services for service members, veterans, and their families.

2023, c. 307.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3901. Practice of patent law.
A. For the purposes of this section "an attorney recognized to practice before the United States Patent and Trademark Office in patent cases" is defined as anyone who is authorized to practice law in any state or territory of the United States, or the District of Columbia, and who is also entitled under the rules of that Office to represent another in patent cases. The "practice of patent law" is defined as the performance of all necessary professional services with respect to patent matters concerning which being recognized to practice before that Office for the performance of such services is required and includes legal services related to or connected with the practice of patent law.

B. Any attorney who is admitted as an active member of the Virginia State Bar, limited to patent, trademark, copyright and unfair competition cases only, as of July 1, 2000, may continue such active membership subject to compliance with minimum requirements of Mandatory Continuing Legal Education Rules of the Supreme Court of Virginia.

C. This section shall not authorize a person recognized to practice before the United States Patent and Trademark Office in patent cases to appear in any court or tribunal other than the tribunals of that Office, unless the person is an active member of the Virginia State Bar, generally or an active member of the Virginia State Bar limited to patent, trademark, copyright and unfair competition cases only as of July 1, 2000. This section shall not be construed to limit the admission to practice law as an active member of the Virginia State Bar generally of any person otherwise qualified for general admission.

D. No attorney who is not an active member of the Virginia State Bar, whether or not authorized to practice before that Office in patent cases, shall be deemed to be admitted to practice patent law within the meaning of subdivision B 1 of § 54.1-3902 or duly licensed or otherwise legally authorized to practice law within the meaning of § 13.1-544.

1962, c. 389, § 54-42.1; 1968, c. 10; 1974, c. 597; 1981, c. 103; 1982, c. 633; 1988, c. 765; 2000, c. 355.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3903. Oath; qualification; proof of licensure or authorization.
Before an attorney may practice in any court in the Commonwealth, he shall take the oath of fidelity to the Commonwealth, stating that he will honestly demean himself in the practice of law and execute his office of attorney-at-law to the best of his ability. An attorney who has qualified before the Supreme Court of Virginia shall be qualified to practice in all courts of the Commonwealth. An attorney who has qualified before a court other than the Supreme Court shall be qualified to practice only in the court which administered his oath.

Each court in which an attorney intends to practice may require the attorney to produce satisfactory evidence of his licensure or authorization.

Code 1950, § 54-43; 1972, c. 131; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3904. Penalty for practicing without authority.
Any person who practices law without being authorized or licensed shall be guilty of a Class 1 misdemeanor. A collection agency may refer debts to an attorney for collection with the creditor's approval of the referral and the fee arrangement and shall not be deemed to be engaged in the unauthorized practice of law. An attorney is permitted by the creditor's authorization to enter into such representation agreements.

Code 1950, § 54-44; 1988, c. 765; 1994, c. 441.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3905. Furnishing advice and services for compensation in connection with certain debt-pooling plans deemed practicing law.
The furnishing of advice or services for compensation to a debtor in connection with a debt-pooling plan pursuant to which the debtor deposits funds for the purpose of distributing them among his creditors, except as authorized for persons licensed pursuant to § 6.2-2005, shall be deemed to be practicing law. Any person or agency not so authorized or who is not a member of the Virginia State Bar who furnishes or offers to furnish such advice or services for compensation shall be in violation of this section. However, it shall not constitute the practice of law merely to make or undertake to make payments to creditors on behalf of debtors, provided any person or agency that does so does not also negotiate with creditors, undertake to negotiate with creditors, or hold itself out as undertaking to negotiate with creditors on behalf of one or more debtors. Any person who violates this section shall be guilty of a Class 1 misdemeanor.

1956, c. 584, § 54-44.1; 1975, c. 645; 1988, c. 765; 1994, c. 567; 2004, c. 790.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3906. Liability to client.
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.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3907. Reasonable care of attorney in selection of index.
Any attorney who in the examination of records in the office of the clerk of any court in this Commonwealth relies upon the correctness of any index found in such office, whether it is the original index prepared by the clerk or by persons other than the clerk, shall be deemed to have used reasonable care in the selection of the index.

1960, c. 441, § 54-44.2; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3908. Liability for words used in proceedings concerning conduct.
No person shall be held liable in any civil action for words written or spoken in any complaint regarding, proceeding concerning, or investigation of, the professional conduct of any member of the Virginia State Bar, unless it is shown that such statements were false and were made willfully and maliciously.

Code 1950, § 54-47; 1988, c. 765; 1992, c. 574; 1996, c. 399.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3909. Rules and regulations defining practice of law and prescribing procedures for practice of law by law students, codes of ethics, use of limited liability companies, and disciplinary procedure.
The Supreme Court may promulgate rules and regulations:

Defining the practice of law.

Prescribing procedures for the limited practice of law by third-year law students.

Prescribing a code of ethics governing the professional conduct of attorneys including the practice of law or patent law through professional law corporations, limited liability companies, and partnerships, and a code of judicial ethics.

Prescribing procedures for disciplining, suspending, and disbarring attorneys.

Code 1950, § 54-48; 1973, c. 484; 1974, c. 456; 1988, c. 765; 1992, c. 574.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3910. Organization and government of Virginia State Bar.
The Supreme Court may promulgate rules and regulations organizing and governing the Virginia State Bar. The Virginia State Bar shall act as an administrative agency of the Court for the purpose of investigating and reporting violations of rules and regulations adopted by the Court under this article. All advisory opinions issued by the Virginia State Bar's Standing Committees on Legal Ethics, Lawyer Advertising and Solicitation, and Unauthorized Practice of Law shall be incorporated into the Code of Virginia pursuant to § 30-154. All persons engaged in the practice of law in the Commonwealth shall be active members in good standing of the Virginia State Bar.

Code 1950, § 54-49; 1974, c. 536; 1991, c. 564; 2002, c. 306.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3910.1. Enforcement, etc., of costs.
Orders of the Disciplinary Board regarding unpaid costs assessed by the Clerk of the Disciplinary System pursuant to Part Six, Section IV, Paragraph 13 of the Rules of the Supreme Court may be recorded, enforced, and satisfied as orders or decrees of a circuit court upon certification of such order by the Disciplinary Board.

2001, c. 225.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3911. Transmission of certain information to the House and Senate Committees for Courts of Justice.
The Virginia State Bar is authorized to transmit to the House and Senate Committees for Courts of Justice, upon request of the Chairman of either Committee, any evidence that it has in its possession with reference to any pending disciplinary proceeding involving a licensed attorney whose name has been placed before the Committee for consideration for election as a judge of a court of this Commonwealth and the record of any previous disciplinary action taken against the attorney.

1985, c. 264, § 54-49.1; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3912. Fees.
The Supreme Court may promulgate rules and regulations fixing a schedule of fees to be paid by members of the Virginia State Bar for the purpose of administering this article, and providing for the collection and disbursement of such fees; but the annual fees to be paid by any attorney shall not exceed $250.

Code 1950, § 54-50; 1956, c. 256; 1964, c. 332; 1970, c. 605; 1975, c. 218; 1982, c. 602; 1986, c. 205; 1988, c. 765; 1993, c. 38; 1995, c. 15.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3913. State Bar Fund; receipts; disbursements.
The State Bar Fund is continued as a special fund in the state treasury. All fees collected from the members of the Virginia State Bar as provided in § 54.1-3912 shall be paid into the state treasury immediately upon collection and credited to the State Bar Fund. All moneys paid into the Fund are hereby appropriated to the Virginia State Bar for the purpose of administering the provisions of this article. All disbursements from the Fund shall be made by the State Treasurer upon warrants of the Comptroller issued upon vouchers signed by an authorized officer of the Virginia State Bar in accordance with rules and regulations promulgated by the Supreme Court.

Code 1950, § 54-52; 1964, c. 531; 1974, c. 608; 1979, c. 440; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3913.1. Clients' Protection Fund.
The Clients' Protection Fund is continued as a special fund of the Virginia State Bar. The Fund shall consist of moneys transferred to it from the State Bar Fund and the Virginia State Bar's Administration and Finance Account. Disbursements to the Clients' Protection Fund from the State Bar Fund shall be made only upon approval of the disbursements through the annual budgetary process of the Virginia State Bar. Notwithstanding the provisions of § 54.1-3912, the Supreme Court may adopt rules assessing members of the Virginia State Bar an annual fee of up to $25 to be deposited in the State Bar Fund and transferred to the Clients' Protection Fund.

1996, c. 346; 2007, c. 807.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3914. Forfeiture of license for failing to pay fees; restoration of license.
Any attorney licensed to practice in this Commonwealth who fails for two successive years to pay the annual fees provided for by § 54.1-3912, shall thereby forfeit his license to practice law in this Commonwealth.

On or before July 31 of each year, the Executive Director of the Virginia State Bar shall notify every attorney whose fees for the two preceding years have not been paid. The notice shall be deemed to have been given if deposited by registered or certified mail addressed to such attorney at his address as shown on the Executive Director's official records. If payment is not received by the Executive Director within six months from the date of such notice, he shall remove the name of the attorney from his list of persons qualified to practice law in Virginia, and shall notify the clerk of the Supreme Court of Virginia that the name of the attorney has been removed. The name of any attorney so removed shall be restored only upon application of such person to the Executive Director accompanied by a sum equal to the aggregate of all fees which are due, plus a penalty of $100. Upon receipt of the fees and penalty, the Executive Director shall restore the name of such person to his list of persons qualified to practice law in Virginia and shall notify the clerk of the Supreme Court of Virginia that such name has been restored.

1960, c. 459, § 54-50.1; 1984, c. 359; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3915. Restrictions as to rules and regulations.
Notwithstanding the foregoing provisions of this article, the Supreme Court shall not promulgate rules or regulations prescribing a code of ethics governing the professional conduct of attorneys which are inconsistent with any statute; nor shall it promulgate any rule or regulation or method of procedure which eliminates the jurisdiction of the courts to deal with the discipline of attorneys. In no case shall an attorney who demands to be tried by a court of competent jurisdiction for the violation of any rule or regulation adopted under this article be tried in any other manner.

Code 1950, § 54-51; 1974, c. 536; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3915.1. Repealed.
Repealed by Acts 2021, Sp. Sess. I, c. 342, cl. 2, effective July 1, 2021.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3916. Legal aid societies.
A. The Virginia State Bar through its governing body is authorized to promulgate rules and regulations governing the function and operation of legal aid societies to further the objective of providing legal assistance to persons requiring such assistance but unable to pay for it. To the extent that interest is paid by a financial institution on client funds deposited by attorneys or law firms in pooled interest-bearing accounts, any interest earned on such accounts shall be paid by the financial institution periodically, but at least quarterly, to the Legal Services Corporation of Virginia.

B. The rules and regulations adopted under subsection A may be enforced by the Virginia State Bar, or by the Attorney General if so authorized by the Virginia State Bar.

C. It shall be a Class 1 misdemeanor for any person, firm, corporation, or other organization to render legal services as a legal aid society, or for any attorney to render legal services at the instance or request of any such person, firm, corporation, or organization unless the person, firm, corporation, or organization complies with the rules and regulations adopted under subsection A. In addition to the criminal penalty, an injunction shall lie to prevent any violation of this section or rule or regulation adopted hereunder.

1956, Ex. Sess., c. 47; 1958, c. 253; 1988, c. 765; 1995, c. 93; 2021, Sp. Sess. I, c. 342.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3917. Master retirement program.
The Virginia State Bar through its governing body is authorized to approve and be a party to a master retirement program for the benefit of the members of the Virginia State Bar, their employees and families, including the power to execute, amend and revoke a master plan and trust agreement and to pay from the State Bar Fund in the manner provided in § 54.1-3913 the printing and administrative costs incurred in the promulgation and explanation of such program to the members of the Virginia State Bar. Any such program entered into or expenditure made before June 28, 1968, is hereby validated.

1968, c. 370, § 54-52.2; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3917.1. Group or individual insurance policies.
The Virginia State Bar, through its governing body, is authorized to endorse insurance coverages or to be a holder of group or individual insurance policies for the benefit of the members of the Virginia State Bar, their employees and families. In connection therewith, the Virginia State Bar is authorized to execute, amend and revoke agreements to provide such endorsement or such group or individual insurance policies to such members, employees and families. All group or individual insurance policies or coverages endorsed or held by the Virginia State Bar before July 1, 1995, are hereby approved.

1995, c. 65.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3918. Availability of Virginia State Bar membership list.
When requested, copies of the Virginia State Bar membership address list shall be made available to Virginia professional legal organizations which operate not for profit and which regularly conduct continuing legal education programs in the Commonwealth. If specified by the requestor, the list shall be made available in computer sorted zip code sequence in a mailing label format suitable for bulk mailing. Lists shall be provided by the Virginia State Bar on a cost recovery basis.

Each request for the mailing list shall be made in writing by requesting organizations to the Executive Director of the Virginia State Bar. Each request shall state the date the list is needed by the requestor and each request shall be postmarked no less than thirty days prior to such date. The cost of mailing or shipping shall be borne by the requestor.

1981, c. 496, § 54-52.2:1; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3919. Composition of Board; quorum.
The Board of Bar Examiners shall be responsible for the examination of applicants and otherwise ascertaining the qualifications of applicants for admission to the bar and shall be composed of five attorneys who are residents of the Commonwealth. Three members of the Board shall constitute a quorum for holding examinations or the transaction of other business. The word "Board" when used in this chapter shall mean the Board of Bar Examiners.

Code 1950, §§ 54-53, 54-55; 1988, c. 765; 1998, c. 796.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3920. Appointment and terms of members.
The members of the Board shall be appointed by the Supreme Court for five-year terms. Vacancies shall be filled by the Court for the full term of five years.

Code 1950, § 54-54; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3921. Board to elect one of its members president; appointment of secretary and treasurer.
The Board shall elect one of its members to serve as its president, and may appoint a qualified member of the Virginia State Bar to act as secretary and treasurer of the Board.

Code 1950, § 54-56; 1972, c. 444; 1988, c. 765.