dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 6 (COMMENCEMENT OF TERMS; CREDITS AND ALLOWANCES)
§ 53.1-198. Certain persons to choose good conduct system.
Every person who, on or before June 30, 1981, was convicted of a felony and every person convicted of a misdemeanor, and to whom the provisions of §§ 53.1-151, 53.1-152 or § 53.1-153 apply, may choose the system of good conduct allowances established in §§ 53.1-199 through 53.1-202 to govern the computing of his discharge date and eligibility for parole. A person who chooses the system established in this article may not thereafter be governed by the laws establishing good conduct allowances in effect prior to July 1, 1981.

Code 1950, § 53-209.1; 1981, c. 392; 1982, c. 636.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 6 (COMMENCEMENT OF TERMS; CREDITS AND ALLOWANCES)
§ 53.1-199. Eligibility for good conduct allowance; application.
Every person who, on or after July 1, 1981, has been convicted of a felony and every person convicted of a misdemeanor and to whom the provisions of §§ 53.1-151, 53.1-152 or § 53.1-153 apply, and every person who, in accordance with § 53.1-198, chooses the system of good conduct allowances set out herein, may be entitled to good conduct allowance not to exceed the amount set forth in § 53.1-201. Such good conduct allowance shall be applied to reduce the person's maximum term of confinement while he is confined in any state correctional facility. One-half of the credit allowed under the provisions of § 53.1-201 shall be applied to reduce the period of time a person shall serve before being eligible for parole.

Any person who, on or after July 1, 1993, has been sentenced upon a conviction of murder in the first degree, rape in violation of § 18.2-61, forcible sodomy, animate or inanimate object sexual penetration or aggravated sexual battery and any person who has been sentenced to a term of life imprisonment or two or more life sentences shall be classified within the system established by § 53.1-201. Such person shall be eligible for no more than ten days good conduct credit for each thirty days served, regardless of the class to which he is assigned. One-half of such credit shall be applied to reduce the period of time he shall serve before being eligible for parole. Additional good conduct credits may be approved by the Director for such persons in accordance with § 53.1-191.

Code 1950, § 53-209.2; 1981, c. 392; 1982, c. 636; 1993, c. 491; 2020, c. 759.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 6 (COMMENCEMENT OF TERMS; CREDITS AND ALLOWANCES)
§ 53.1-200. Conditions for good conduct allowance.
Regulations approved by the Director shall govern the earning of good conduct allowance. The regulations shall require, as a condition for earning the allowance, that a prisoner participate in an appropriate educational, training, work, counseling or substance abuse program or other program intended for his rehabilitation, as provided in § 53.1-32.1. The amount of good conduct allowance to be credited to those persons eligible therefor shall be based upon compliance with written prison rules or regulations; a demonstration of responsibility in the performance of assignments; and a demonstration of a desire for self-improvement.

Code 1950, § 53-209.3; 1981, c. 392; 1982, c. 636; 1994, c. 582; 2020, c. 759.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 6 (COMMENCEMENT OF TERMS; CREDITS AND ALLOWANCES)
§ 53.1-201. Classification system for good conduct allowance.
Good conduct allowances shall be based upon a four-level classification system. Such system shall be established as follows:

1. Class I at a rate of thirty days credit for each thirty days served. Class I shall be reserved for persons whose initiative, conduct and performance in their assignments are exemplary. Consideration for Class I credit shall be given to persons who perform in assignments requiring a high degree of trust, extra long hours or specialized skills.

2. Class II at a rate of twenty days credit for each thirty days served. Class II shall be reserved for persons whose initiative, conduct and performance in their assignments are satisfactory. Consideration for Class II credit shall be given to persons who require moderate supervision in their assignments and whose assignments require responsibility in the care and maintenance of property.

3. Class III at a rate of ten days credit for each thirty days served. Class III shall be reserved for persons whose conduct and performance in their assignments are marginal. Persons requiring intensive supervision in their assignments and exhibiting minor disciplinary problems may be assigned to Class III.

4. Class IV at a rate of no credit for each thirty days served. Class IV shall be reserved for persons who are in isolation or segregation status for disciplinary or security reasons and persons whose conduct and performance in their assignments are so unsatisfactory as to eliminate consideration for good conduct allowance.

Persons may be reclassified for an increase or decrease in class according to rules and regulations established pursuant to § 53.1-200.

Code 1950, § 53-209.4; 1981, c. 392; 1982, c. 636.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 6 (COMMENCEMENT OF TERMS; CREDITS AND ALLOWANCES)
§ 53.1-202. Good conduct allowance for previous confinement; entry level.
Upon receipt by the Department, persons who have been confined while awaiting transfer to a state correctional facility shall be credited with such time as is certified to the Department in accordance with §§ 53.1-116 and 53.1-129 and as is otherwise provided by law. Certified good conduct allowance shall be applied to reduce the person's maximum term of confinement, and one-half of such credit shall be applied to reduce the period of time the person shall serve before being eligible for parole.

After admission to a state correctional facility, a person shall be credited at the rate of fifteen days for each thirty days of time served with satisfactory conduct. The person shall remain in this credit level until classified in accordance with § 53.1-201.

Code 1950, § 53-209.5; 1981, c. 392; 1982, c. 636.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 6 (COMMENCEMENT OF TERMS; CREDITS AND ALLOWANCES)
§ 53.1-202.1. Limitation upon applicability of this article.
The provisions of this article shall not apply to any sentence imposed upon a conviction of a felony offense committed on or after January 1, 1995.

1994, 2nd Sp. Sess., cc. 1, 2.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 6 (COMMENCEMENT OF TERMS; CREDITS AND ALLOWANCES)
§ 53.1-202.2. Eligibility for earned sentence credits.
A. Every person who is convicted of a felony offense committed on or after January 1, 1995, and who is sentenced to serve a term of incarceration in a state or local correctional facility shall be eligible to earn sentence credits in the manner prescribed by this article. Such eligibility shall commence upon the person's incarceration in any correctional facility following entry of a final order of conviction by the committing court. As used in this chapter, "sentence credit" and "earned sentence credit" mean deductions from a person's term of confinement earned through adherence to rules prescribed pursuant to § 53.1-25, through program participation as required by §§ 53.1-32.1 and 53.1-202.3, and by meeting such other requirements as may be established by law or regulation. One earned sentence credit shall equal a deduction of one day from a person's term of incarceration.

B. A juvenile convicted as an adult and sentenced as a serious juvenile offender under clause (i) of subdivision A 1 of § 16.1-272 shall be eligible to earn sentence credits for the portion of the sentence served with the Department of Juvenile Justice in the manner prescribed by this article. Consideration for earned sentence credits shall require adherence to the facility's rules and the juvenile's progress toward treatment goals and objectives while sentenced as a serious juvenile offender under § 16.1-285.1.

1994, 2nd Sp. Sess., cc. 1, 2; 2008, c. 517.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 6 (COMMENCEMENT OF TERMS; CREDITS AND ALLOWANCES)
§ 53.1-202.4. Director to establish certain rules, criteria, etc.
The Director shall:

1. Establish the criteria upon which a person shall be deemed to have earned sentence credits;

2. Establish the bases upon which earned sentence credits may be forfeited;

3. Establish the number of earned sentence credits which will be forfeited for violations of various (i) institutional rules, (ii) program participation requirements or (iii) other requirements for the retention of sentence credits; and

4. Establish such additional requirements for the earning of sentence credits as may be deemed advisable and as are consistent with the purposes of this article.

1994, 2nd Sp. Sess., cc. 1, 2; 2020, c. 759.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 6 (COMMENCEMENT OF TERMS; CREDITS AND ALLOWANCES)
§ 53.1-202.5. Department to provide programs.
The Department shall ensure that educational, vocational, counseling, and substance abuse programs for earning sentence credits are available at all state correctional facilities.

2020, Sp. Sess. I, cc. 50, 52.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 7 (CRIMES AND CRIMINAL PROCEEDINGS INVOLVING PRISONERS)
§ 53.1-203. Felonies by prisoners; penalties.
It shall be unlawful for a prisoner in a state, local or community correctional facility or in the custody of an employee thereof to:

1. Escape from a correctional facility or from any person in charge of such prisoner;

2. Willfully break, cut or damage any building, furniture, fixture or fastening of such facility or any part thereof for the purpose of escaping, aiding any other prisoner to escape therefrom or rendering such facility less secure as a place of confinement;

3. Make, procure, secrete or have in his possession any instrument, tool or other thing for the purpose of escaping from or aiding another to escape from a correctional facility or employee thereof;

4. Make, procure, secrete or have in his possession a knife, instrument, tool or other thing not authorized by the superintendent or sheriff which is capable of causing death or bodily injury;

5. Procure, sell, secrete or have in his possession any chemical compound which he has not lawfully received;

6. Procure, sell, secrete or have in his possession a controlled substance classified in Schedule III of the Drug Control Act (§ 54.1-3400 et seq.) or marijuana;

7. Introduce into a correctional facility or have in his possession firearms or ammunition for firearms;

8. Willfully burn or destroy by use of any explosive device or substance, in whole or in part, or cause to be so burned or destroyed, any personal property, within any correctional facility;

9. Willfully tamper with, damage, destroy, or disable any fire protection or fire suppression system, equipment, or sprinklers within any correctional facility; or

10. Conspire with another prisoner or other prisoners to commit any of the foregoing acts.

For violation of any of the provisions of this section, except subdivision 6, the prisoner shall be guilty of a Class 6 felony. For a violation of subdivision 6, he shall be guilty of a Class 5 felony. If the violation is of subdivision 1 of this section and the escapee is a felon, he shall be sentenced to a mandatory minimum term of confinement of one year, which shall be served consecutively with any other sentence. The prisoner shall, upon conviction of escape, immediately commence to serve such escape sentence, and he shall not be eligible for parole during such period. Any prisoner sentenced to life imprisonment who escapes shall not be eligible for parole. No part of the time served for escape shall be credited for the purpose of parole toward the sentence or sentences, the service of which is interrupted for service of the escape sentence, nor shall it be credited for such purpose toward any other sentence.

Code 1950, § 53-291; 1966, c. 300; 1970, c. 648; 1973, c. 403; 1975, c. 588; 1977, c. 497; 1978, cc. 177, 361; 1982, c. 636; 1985, c. 555; 1988, c. 371; 2004, c. 461; 2006, c. 104; 2011, cc. 384, 410; 2014, cc. 674, 719.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 7 (CRIMES AND CRIMINAL PROCEEDINGS INVOLVING PRISONERS)
§ 53.1-204. If prisoner commits any other felony, how punished.
If a prisoner in a state, local or community correctional facility or in the custody of an employee thereof commits any felony other than those specified in §§ 18.2-31, 18.2-55 and 53.1-203, which is punishable by confinement in a state correctional facility, such prisoner shall be subject to the same punishment therefor as if he were not a prisoner.

Code 1950, § 53-294; 1970, c. 648; 1975, c. 588; 1982, c. 636; 2021, Sp. Sess. I, cc. 344, 345.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 7 (CRIMES AND CRIMINAL PROCEEDINGS INVOLVING PRISONERS)
§ 53.1-205. Jurisdiction for trial of prisoners; nature of proceedings.
Subject to the provisions of §§ 53.1-203 and 53.1-204, the jurisdiction, proceedings, trial and judgment in a criminal proceeding against a person confined in a state correctional facility shall be as is provided for in other cases of criminal prosecution.

Code 1950, §§ 53-295, 53-300; 1966, c. 430; 1970, c. 593; 1973, c. 59; 1982, c. 636.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 7 (CRIMES AND CRIMINAL PROCEEDINGS INVOLVING PRISONERS)
§ 53.1-206. When prisoner surrendered as witness; certificate.
Prisoners may be surrendered as witnesses if a judge of any court of record of the United States or of the District of Columbia, or of any state certifies under the seal of such court that:

1. There is a criminal prosecution pending in such court or that a grand jury investigation has commenced or is about to commence;

2. A person confined in any state correctional facility in Virginia is a material witness in such prosecution or grand jury investigation, and his presence will be required at a time stated;

3. The officer presenting the certificate is authorized to receive custody of such prisoner and will retain him in his custody until his return to this Commonwealth; and

4. The prisoner will be safely returned to the custody of the Director at such state correctional facility, as the Director may direct.

Upon presentation of such certificate to the Director, if he is of the opinion that the ends of justice will be promoted thereby, the Director may, with the approval of the Governor, surrender the prisoner into the custody of the officer named in the certificate.

Code 1950, § 53-301; 1970, c. 648; 1982, c. 636.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 7 (CRIMES AND CRIMINAL PROCEEDINGS INVOLVING PRISONERS)
§ 53.1-207. Cost of transportation.
All transportation and other costs incident thereto shall be paid by the authority requesting the prisoner.

Code 1950, § 53-302; 1982, c. 636.
Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 7 (CRIMES AND CRIMINAL PROCEEDINGS INVOLVING PRISONERS)
§ 53.1-208. Prisoners indicted or charged with crime outside Virginia; certificate; authority of officer with custody of prisoner.
If a similar certificate, similarly executed, shall state that a prisoner has been indicted or stands legally charged with a crime outside Virginia, the Director may, with the approval of the Governor, likewise deliver the prisoner to the officer presenting the certificate. Such delivery may be conditioned upon the return of the prisoner under such circumstances as the Governor may prescribe.

Any officer of the United States, the District of Columbia, or any other state to whom custody of any such prisoner has been surrendered, is hereby clothed with the authority and powers of a sheriff or a state correctional officer with respect to the custody of the prisoner in this Commonwealth.

Any duly authorized officer of the United States, the District of Columbia, or any other state, while engaged in transporting through Virginia to any other state any prisoner of the United States, the District of Columbia, or any other state, lawfully taken or surrendered into his custody either within or without Virginia in any manner, shall while transporting such prisoner into or through Virginia, be clothed with all of the authority and powers of a sheriff or of a state correctional officer with respect to the custody of the prisoner in this Commonwealth.

Code 1950, § 53-303; 1982, c. 636.

Code of Virginia — Title 53.1 (Prisons and Other Methods of Correction), Chapter 7 (CRIMES AND CRIMINAL PROCEEDINGS INVOLVING PRISONERS)
§ 53.1-209. Foreign prisoners to be held in Virginia.
Pursuant to the order or request of the Governor, of any court, attorney for the Commonwealth of Virginia, or any other authorized officer, if any prisoner of the United States, District of Columbia or of any other state be tendered to the custody of the Director or any duly authorized officer of a state correctional facility, either within this Commonwealth or to be transported to this Commonwealth to be held for trial for crime in Virginia or as a witness in any criminal proceeding in Virginia, the Director or officer is hereby authorized to receive the prisoner into custody. The Director or officer is hereby clothed with the same powers with respect to custody as is possessed over prisoners held after conviction of a crime and sentencing to a state correctional facility by a court of this Commonwealth.

Code 1950, § 53-304; 1982, c. 636.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-100. Regulations of professions and occupations.
The right of every person to engage in any lawful profession, trade, or occupation of his choice is clearly protected by both the Constitution of the United States and the Constitution of the Commonwealth of Virginia. The Commonwealth cannot abridge such rights except as a reasonable exercise of its police powers when (i) it is clearly found that such abridgment is necessary for the protection or preservation of the health, safety, and welfare of the public and (ii) any such abridgment is no greater than necessary to protect or preserve the public health, safety, and welfare.

No regulation shall be imposed upon any profession or occupation except for the exclusive purpose of protecting the public interest when:

1. The unregulated practice of the profession or occupation can harm or endanger the health, safety or welfare of the public, and the potential for harm is recognizable and not remote or dependent upon tenuous argument;

2. The practice of the profession or occupation has inherent qualities peculiar to it that distinguish it from ordinary work and labor;

3. The practice of the profession or occupation requires specialized skill or training and the public needs, and will benefit by, assurances of initial and continuing professional and occupational ability; and

4. The public is not effectively protected by other means.

No regulation of a profession or occupation shall conflict with the Constitution of the United States, the Constitution of Virginia, the laws of the United States, or the laws of the Commonwealth of Virginia. Periodically and at least annually, all agencies regulating a profession or occupation shall review such regulations to ensure that no conflict exists.

1979, c. 408, § 54-1.17; 1988, c. 765; 2016, c. 467.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-100.1. Department of Commerce continued as Department of Professional and Occupational Regulation.
The Department of Professional and Occupational Regulation, formerly known as the Department of Commerce, is continued, and wherever "Department of Commerce" is used in this Code, it shall mean the Department of Professional and Occupational Regulation. The Board for Professional and Occupational Regulation, formerly known as the Board of Commerce, is continued, and wherever "Board of Commerce" is used in this Code, it shall mean the Board for Professional and Occupational Regulation.

1993, c. 499.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-101. Copies of examinations filed by regulatory boards.
A copy of examinations given by regulatory and advisory boards within the Department of Professional and Occupational Regulation and the Department of Health Professions authorized to conduct examinations of applicants for admission to practice or pursue any profession, vocation, trade, calling, or art shall be kept on file at the office of the secretary of each board. A copy of the examination shall be placed on file within ten days after it is administered, and shall be preserved for at least one year as a public record accessible to any person desiring to examine it during usual business hours. After the expiration of one year from the time the examination is filed, the secretary of the respective board may withdraw and destroy the examination. However, this section shall not be construed or interpreted in a manner to require the filing or release of examinations or other information which would result in compromising the validity or security of future examinations conducted by regulatory or advisory boards of the Department of Professional and Occupational Regulation or the Department of Health Professions. In the event any provision of this section results in a conflict with the provisions of § 54.1-108, the provisions of § 54.1-108 shall prevail.

Code 1950, § 54-1; 1952, c. 227; 1959, Ex. Sess., c. 94; 1960, c. 10; 1962, c. 13; 1970, c. 623; 1973, c. 284; 1985, c. 448; 1988, c. 765; 1993, c. 499.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-101.1. Certified mail; subsequent mail or notices may be sent by regular mail.
Whenever in this title any regulatory board within the Department of Professional and Occupational Regulation or the Department of Health Professions is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by any such regulatory board may be sent by regular mail.

2011, c. 566.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-102. Unlawful procurement of certificate, license or permit; unauthorized possession of examination or answers; penalty.
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.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-103. Additional training of regulated persons; reciprocity; endorsement.
A. The regulatory boards within the Department of Professional and Occupational Regulation and the Department of Health Professions may promulgate regulations specifying additional training or conditions for individuals seeking certification or licensure, or for the renewal of certificates or licenses.

B. The regulatory boards may enter into agreements with other jurisdictions for the recognition of certificates and licenses issued by other jurisdictions.

C. The regulatory boards are authorized to promulgate regulations recognizing licenses or certificates issued by other states, the District of Columbia, or any territory or possession of the United States as full or partial fulfillment of qualifications for licensure or certification in the Commonwealth.

1979, c. 408, § 54-1.28; 1983, c. 569; 1988, c. 765; 1990, c. 194; 1993, c. 499.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-104. Suspension of license, certificate, registration, permit, or authority for dishonor of fee payment; reinstatement.
The Department of Professional and Occupational Regulation and the Department of Health Professions may suspend the license, certificate, registration, permit, or authority it has issued any person who submits a check, money draft, or similar instrument for payment of a fee required by statute or regulation that is not honored by the bank or financial institution named. The suspension shall become effective 10 days following delivery by certified mail of written notice of the dishonor and the impending suspension to such person's address. However, such suspension shall only be reported as a suspension and shall not be considered or described as a disciplinary action by the board issuing such suspension. Upon notification of suspension, the person may reinstate the license, certificate, registration, permit, or authority upon payment of the fee and penalties required under statute or regulation. Suspension under this provision shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq.).

1980, c. 433, § 54-1.2:1; 1988, c. 765; 1993, c. 499; 2017, c. 423; 2024, c. 18.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-104.1. License, certificate, registration, permit, or authority may not be suspended or revoked solely on the basis of default or delinquency in payment of federal-guaranteed or state-guaranteed education loan or scholarship.
The Department of Professional and Occupational Regulation, the Department of Health Professions, and the Board of Accountancy shall not be authorized to suspend or revoke the license, certificate, registration, permit, or authority it has issued to any person who is in default or delinquent in the payment of a federal-guaranteed or state-guaranteed educational loan or work-conditional scholarship solely on the basis of such default or delinquency.

2018, cc. 170, 381.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-105. Majority of board or panel required to suspend or revoke license, certificate, registration, permit, or multistate licensure privilege; imposition of sanctions.
An affirmative vote of a majority of those serving on a board who are qualified to vote or those serving on a panel of a health regulatory board convened pursuant to § 54.1-2400 shall be required for any action to suspend or revoke a license, certification, registration, permit, or multistate licensure privilege to practice nursing or to impose a sanction on a licensee. However, an affirmative vote of a majority of a quorum of the regulatory board shall be sufficient for summary suspension pursuant to specific statutory authority.

1988, c. 765; 1992, c. 659; 2004, c. 49; 2017, c. 423.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-106. Health care professionals rendering services to patients of certain clinics and administrators of such services exempt from liability.
A. No person who is licensed or certified by the Boards of/for Audiology and Speech-Language Pathology; Counseling; Dentistry; Medicine; Nursing; Optometry; Opticians; Pharmacy; Hearing Aid Specialists; Psychology; or Social Work or who holds a multistate licensure privilege to practice nursing issued by the Board of Nursing who renders at any site any health care services within the limits of his license, certification or licensure privilege, voluntarily and without compensation, to any patient of any clinic which is organized in whole or in part for the delivery of health care services without charge or any clinic for the indigent and uninsured that is organized for the delivery of primary health care services as a federally qualified health center designated by the Centers for Medicare & Medicaid Services, shall be liable for any civil damages for any act or omission resulting from the rendering of such services unless the act or omission was the result of his gross negligence or willful misconduct. Additionally, no person who administers, organizes, arranges, or promotes such services shall be liable to patients of clinics described in this section for any civil damages for any act or omission resulting from the rendering of such services unless the act or omission was the result of his or the clinic's gross negligence or willful misconduct.

For purposes of this section, any commissioned or contract medical officers or dentists serving on active duty in the United States armed services and assigned to duty as practicing commissioned or contract medical officers or dentists at any military hospital or medical facility owned and operated by the United States government shall be deemed to be licensed pursuant to this title.

B. For the purposes of Article 5 (§ 2.2-1832 et seq.) of Chapter 18 of Title 2.2, any person rendering such health care services who (i) is registered with the Division of Risk Management and (ii) has no legal or financial interest in the clinic from which the patient is referred shall be deemed an agent of the Commonwealth and to be acting in an authorized governmental capacity with respect to delivery of such health care services. The premium for coverage of such person under the Risk Management Plan shall be paid by the Department of Health.

C. For the purposes of this section and Article 5 (§ 2.2-1832 et seq.) of Chapter 18 of Title 2.2, "delivery of health care services without charge" shall be deemed to include the delivery of dental, medical or other health services when a reasonable minimum fee is charged to cover administrative costs.

1983, c. 25, § 54-1.2:2; 1988, c. 765; 1989, c. 159; 1992, cc. 414, 706; 1995, cc. 509, 531; 1996, c. 748; 1999, c. 834; 2000, cc. 473, 618, 632; 2004, c. 49; 2010, c. 353; 2017, cc. 57, 415.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-106.1. Notification to licensees of the Board of Medicine about immunity for health care services to patients of free clinics.
The Board of Medicine shall provide to its licensees a full description of the protection from civil liability established pursuant to § 54.1-106. Such description shall explain the coverage available under the Division of Risk Management pursuant to subsection B of § 54.1-106.

2005, c. 134.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-107. Appointments, terms and removal of members of regulatory boards; citizen members.
All members of regulatory boards shall be citizens of the United States and residents of Virginia. Members shall be appointed by the Governor and may be removed by him as provided in subsection A of § 2.2-108. Any vacancy occurring other than by expiration of terms shall be filled for the unexpired term. Members shall hold office after expiration of their terms until their successors are duly appointed and have qualified. Appointment to fill an unexpired term shall not be considered a full term. All members of regulatory boards appointed by the Governor for terms commencing on or after July 1, 1988, shall be appointed for terms of four years. No member shall serve more than two successive full terms on any regulatory board.

A "citizen member" of a regulatory board shall be a person who (i) is not by training or experience a practitioner of the profession or occupation regulated by the board, (ii) is not the spouse, parent, child, or sibling of such a practitioner, and (iii) has no direct or indirect financial interest, except as a consumer, in the practice of the profession or occupation regulated by the board.

The provisions of this section shall not apply to the Board for Branch Pilots.

1981, c. 447, § 54-1.18:1; 1988, cc. 42, 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-108. Disclosure of official records.
Official records of the Department of Professional and Occupational Regulation or the Department of Health Professions or any board named in this title shall be subject to the disclosure provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), except for the following:

1. Examination questions, papers, booklets, and answer sheets, which may be disclosed at the discretion of the board administering or causing to be administered such examinations.

2. Applications for admission to examinations or for licensure, certification, registration, or permitting and the scoring records maintained by any board or by the Departments on individuals or applicants. However, this material may be (i) made available during normal working hours for copying by the subject individual or applicant at his expense at the office of the Department or board that possesses the material or (ii) upon the request of the subject individual or applicant and at his expense, mailed or emailed to such individual or applicant at the address or email address on file with the applicable board or Department.

3. Records of active investigations being conducted by the Departments or any board.

1979, c. 408, § 54-1.41; 1982, c. 207; 1988, c. 765; 1993, c. 499; 2017, c. 423; 2023, cc. 249, 250.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-109. Reviews and appeals.
Any person who has been aggrieved by any action of the Department of Professional and Occupational Regulation, the Department of Health Professions, the Board for Professional and Occupational Regulation, any regulatory board within the Departments, or any panel of a health regulatory board convened pursuant to § 54.1-2400 shall be entitled to a review of such action. Appeals from such actions shall be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

1979, c. 408, § 54-1.19; 1988, c. 765; 1992, c. 659; 1993, c. 499; 2025, c. 341.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-110. Presiding officer; participation of board in hearing; disqualification of board member.
A. Every hearing in a contested case shall be conducted in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). When a hearing officer presides, the regulatory board shall determine whether the hearing officer is to hear the case alone or with a panel of a health regulatory board convened pursuant to § 54.1-2400 or whether the board is to hear the case with the hearing officer.

B. A board member shall disqualify himself and withdraw from any case in which he cannot accord fair and impartial consideration. Any party may request the disqualification of any board member by stating with particularity the grounds upon which it is claimed that fair and impartial consideration cannot be accorded. The remaining members of the board or panel shall determine whether the individual should be disqualified.

1979, c. 408, § 54-1.37; 1986, c. 615; 1988, c. 765; 1992, c. 659.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-112. Copies of records as evidence.
Copies of all records, documents and other papers of the Department of Professional and Occupational Regulation and the Department of Health Professions and their regulatory boards which bear the official seal and which are duly certified and authenticated in writing on the face of such documents to be true copies by the custodian thereof and by the person to whom the custodian reports shall be received as evidence with like effect as the original records, documents or other papers in all courts of the Commonwealth.

1988, c. 765; 1993, c. 499.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-113. Regulatory boards to adjust fees; certain transfer of moneys collected on behalf of health regulatory boards prohibited.
A. Following the close of any biennium, when the account for any regulatory board within the Department of Professional and Occupational Regulation maintained under § 54.1-308 shows that unspent and unencumbered revenue exceeds $100,000 or 20 percent of the total expenses allocated to the regulatory board for the past biennium, whichever is greater, the regulatory board shall (i) distribute all such excess revenue to current regulants and (ii) reduce the fees levied by it for certification, licensure, registration, or permit and renewal thereof so that the fees are sufficient but not excessive to cover expenses.

B. Following the close of any biennium, when the account for any regulatory board within the Department of Health Professions maintained under § 54.1-2505 shows expenses allocated to it for the past biennium to be more than 10 percent greater or less than moneys collected on behalf of the regulatory board, it shall revise the fees levied by it for certification, licensure, registration, or permit and renewal thereof so that the fees are sufficient but not excessive to cover expenses.

C. Nongeneral funds generated by fees collected on behalf of the health regulatory boards and accounted for and deposited into a special fund by the Director of the Department of Health Professions shall be held exclusively to cover the expenses of the health regulatory boards, the Health Practitioners' Monitoring Program, and the Department of Health Professions and shall not be transferred to any agency other than the Department of Health Professions, except as provided in §§ 54.1-3011.1 and 54.1-3011.2.

1981, c. 558, § 54-1.28:1; 1988, c. 765; 1993, c. 499; 2006, c. 631; 2009, c. 472; 2017, c. 423; 2019, cc. 517, 697; 2025, c. 341.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-114. Biennial report.
The Board of Bar Examiners, the Department of Professional and Occupational Regulation and the Department of Health Professions shall submit biennial reports to the Governor and General Assembly on or before November 1 of each even-numbered year. The biennial report shall contain at a minimum the following information for the Board of Bar Examiners and for each board within the two Departments: (i) a summary of the board's fiscal affairs, (ii) a description of the board's activities, (iii) statistical information regarding the administrative hearings and decisions of the board, (iv) a general summary of all complaints received against licensees and the procedures used to resolve the complaints, and (v) a description of any action taken by the board designed to increase public awareness of board operations and to facilitate public participation. The Department of Health Professions shall include, in those portions of its report relating to the Board of Medicine, a compilation of the data required by § 54.1-2910.1.

1985, c. 537, § 54-1.2:3; 1988, c. 765; 1993, c. 499; 1998, c. 744; 2004, c. 650.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-115. Expired.
Expired.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-116. Applicants to include social security numbers, or other identifying number; exemption.
A. Every applicant for a license, certificate, registration or other authorization to engage in a business, trade, profession or occupation issued by the Commonwealth pursuant to this title, and every applicant for renewal thereof, shall provide on the application either his social security number or control number issued by the Department of Motor Vehicles pursuant to § 46.2-342. An initial application or renewal application which does not include either identifying number shall not be considered or acted upon by the issuing entity, and no refund of any fees paid with the application shall be granted.

B. Notwithstanding the provisions of subsection A, a health regulatory board of the Department of Health Professions may issue a temporary license or authorization to practice, effective for not longer than 90 days, to an otherwise qualified applicant for a license, certificate or registration who is a foreign national and cannot provide a social security number or control number at the time of application.

1997, cc. 794, 898; 2003, c. 803.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-117. Expiration of documents issued to persons in diplomatic service and the armed services of the United States.
Notwithstanding any contrary provision of law, any license, permit, certificate, or other document, however styled or denominated, that is related to the practice of any business, profession, or calling and issued under this title to any citizen of the Commonwealth shall be held not to have expired during the period of such person's service outside the United States, in the armed services of the United States or as a member of the diplomatic service of the United States, appointed under the Foreign Service Act of 1946, serving outside the United States and 60 days thereafter. However, no extension granted under this section shall exceed five years from the date of expiration of the document. The provisions of this section shall apply to the spouse of a member of the armed services of the United States if the spouse accompanies the member during periods of service outside of the United States.

For the purposes of this section "service in the armed services of the United States" includes active duty service with the regular Armed Forces of the United States or the National Guard or other reserve component.

2004, c. 975; 2011, cc. 342, 357.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 1 (GENERAL PROVISIONS)
§ 54.1-119. Expediting the issuance of licenses, etc., to spouses of military service members; issuance of temporary licenses, etc.
A. Notwithstanding any other law to the contrary and unless an applicant is found by the board to have engaged in any act that would constitute grounds for disciplinary action, a regulatory board within the Department of Professional and Occupational Regulation or the Department of Health Professions or any other board named in this title shall expedite the issuance of a license, permit, certificate, or other document, however styled or denominated, required for the practice of any business, profession, or occupation in the Commonwealth to an applicant whose application has been deemed complete by the board and (i) who holds the same or similar license, permit, certificate, or other document required for the practice of any business, profession, or occupation issued by another jurisdiction; (ii) whose spouse is (a) on federal active duty orders pursuant to Title 10 of the United States Code or (b) a veteran, as that term is defined in § 2.2-2000.1, who has left active-duty service within one year of the submission of an application to a board; and (iii) who accompanies the applicant's spouse to the Commonwealth or an adjoining state or the District of Columbia, if, in the opinion of the board, the requirements for the issuance of the license, permit, certificate, or other document in such other jurisdiction are substantially equivalent to those required in the Commonwealth. A board may waive any requirement relating to experience if the board determines that the documentation provided by the applicant supports such a waiver.

B. If a board is unable to (i) complete the review of the documentation provided by the applicant or (ii) make a final determination regarding substantial equivalency within 20 days of the receipt of a completed application, the board shall issue a temporary license, permit, or certificate, provided the applicant otherwise meets the qualifications set out in subsection A. Any temporary license, permit, or certification issued pursuant to this subsection shall be limited for a period not to exceed 12 months and shall authorize the applicant to engage in the profession or occupation while the board completes its review of the documentation provided by the applicant or the applicant completes any specific requirements that may be required in Virginia that were not required in the jurisdiction in which the applicant holds the license, permit, or certificate.

C. The provisions of this section shall apply regardless of whether a regulatory board has entered into a reciprocal agreement with the other jurisdiction pursuant to subsection B of § 54.1-103.

D. Any regulatory board may require the applicant to provide documentation it deems necessary to make a determination of substantial equivalency.

2012, c. 604; 2014, c. 602; 2016, c. 33; 2020, cc. 28, 35.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 10 (COMMERCIAL DRIVER TRAINING SCHOOLS [Repealed])
§ 54.1-1000. Repealed.
Repealed by Acts 1990, c. 466.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 11 (CONTRACTORS)
§ 54.1-1104. Register of applicants.
The Director shall keep a register of all applicants showing their date of application, name, qualifications, place of business, place of residence, and whether such application was approved or refused. The books and register of the Board shall be prima facie evidence of all matters recorded therein.

Code 1950, § 54-125; 1977, c. 640; 1980, c. 634; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 11 (CONTRACTORS)
§ 54.1-1105. Repealed.
Repealed by Acts 1991, c. 151.