dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 11 (CONTRACTORS)
§ 54.1-1134. Grounds for denial or revocation of certification or license; reports of building officials and others.
The Board shall have the power to require remedial education and to suspend, revoke or deny renewal of the certification or license of any individual who is found to be in violation of the statutes or regulations governing the practice of licensed tradesmen, liquefied petroleum gas fitters or natural gas fitter providers or certified backflow prevention device workers in the Commonwealth.

Any building official who finds that an individual is practicing as a tradesman, elevator mechanic, liquefied petroleum gas fitter or natural gas fitter provider without a license as required by this article shall file a report to such effect with the Board. Any water purveyor or building official who finds that an individual is practicing as a backflow prevention device worker without a certificate, if a certificate is required by the locality in which an individual is engaging in backflow prevention device worker activities, shall file a report to such effect with the Board.

Any building official who has reason to believe that (i) a tradesman, liquefied petroleum gas fitter or natural gas fitter provider is performing incompetently as demonstrated by an egregious or repeated violation of the Uniform Statewide Building Code (§ 36-97 et seq.) or (ii) a certified backflow prevention device worker is performing incompetently as demonstrated by an egregious or repeated violation of the standards adopted by the American Society of Sanitary Engineering referenced in the plumbing code adopted by the Virginia Uniform Statewide Building Code shall file a report to such effect with the Board. Any water purveyor who has reason to believe that a certified backflow prevention device worker is performing incompetently as demonstrated by an egregious or repeated violation of the standards adopted by the American Society of Sanitary Engineering referenced in the plumbing code adopted by the Virginia Uniform Statewide Building Code shall file a report to such effect with the Board and local building official.

1994, c. 895; 1996, cc. 934, 1006; 1997, cc. 403, 885; 1999, c. 343; 2009, cc. 184, 586.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 11 (CONTRACTORS)
§ 54.1-1135. Prohibited acts.
A. Practicing or attempting to practice as a tradesman, liquefied petroleum gas fitter or natural gas fitter provider in the Commonwealth, except as provided for in this article, is prohibited and shall constitute the commission of a Class 1 misdemeanor.

B. No person shall represent himself as a certified backflow prevention device worker unless he has been certified by the Board. Any person engaging or offering to engage in backflow prevention device worker activities within the meaning of this chapter who, through verbal claim, sign, advertisement, or letterhead, represents himself as a certified backflow prevention device worker without holding such a certificate from the Board shall be guilty of a Class 1 misdemeanor.

C. No person shall be entitled to assert the lack of licensure as required by this article as a defense to any action at law or suit in equity if the party who seeks to recover from such person gives substantial performance within the terms of the contract in good faith and without actual knowledge of the licensure requirements of this article.

D. In any locality which requires state certification to engage in backflow prevention device worker activities, no person shall be entitled to assert a lack of certification as a defense to any action at law or suit in equity if the party who seeks to recover from such person gives substantial performance within the terms of the contract in good faith and without actual knowledge of the locality's certification requirements.

1994, c. 895; 1996, cc. 934, 1006; 1997, cc. 403, 885; 1999, cc. 343, 833.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 11 (CONTRACTORS)
§ 54.1-1140. Definitions.
As used in this article, unless the context requires a different meaning:

"Accessibility mechanic" means an individual who is engaged in erecting, constructing, installing, altering, servicing, repairing, testing or maintaining wheelchair lifts, incline chairlifts, dumbwaiters with a capacity limit of 300 pounds, and private residence elevators, in accordance with the Uniform Statewide Building Code (§ 36-97 et seq.).

"Certified accessibility mechanic" means an individual who is certified by the Board in accordance with this article to engage in work as an accessibility mechanic.

"Elevator mechanic" means an individual who is certified by the Board in accordance with this article to engage in erecting, constructing, installing, altering, servicing, repairing, testing or maintaining elevators, escalators, or related conveyances in accordance with the Uniform Statewide Building Code.

"Limited use/limited application endorsement" means an addition to the certification record of a certified accessibility mechanic authorizing the certificate holder to erect, construct, install, alter, service, repair, test, or maintain limited use/limited application elevators as defined by the Uniform Statewide Building Code.

2004, c. 188; 2007, c. 424; 2009, cc. 184, 586; 2010, cc. 81, 207.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 11 (CONTRACTORS)
§ 54.1-1141. Certification required; exemption.
A. No person shall engage in, or offer to engage in, work as an elevator mechanic or accessibility mechanic in the Commonwealth unless he has been certified under the provisions of this article. Individuals shall not be subject to certification as an elevator mechanic or accessibility mechanic when working under the direct and immediate supervision of an elevator mechanic or certified accessibility mechanic who is certified in the specialty for which work is being performed. Individuals certified as elevator mechanics or accessibility mechanics shall not be required to hold any other professional or occupational license or certification; however, nothing in this subsection shall prohibit an individual from holding more than one professional or occupational license or certification.

B. Any individual desiring to be certified as an elevator mechanic or accessibility mechanic shall file a written application on a form prescribed by the Board. The application shall be accompanied by a fee set by the Board pursuant to § 54.1-201. The application shall contain, at a minimum, the applicant's name, place of employment, business address, and information on the knowledge, skills, abilities and education or training of the applicant.

C. Accessibility mechanics desiring to work on limited use/limited application elevators, as defined by the Uniform Statewide Building Code, shall obtain a limited use/limited application endorsement on their certification.

D. Nothing in this article shall be construed to prevent a person who is not certified as an elevator mechanic or accessibility mechanic from performing maintenance that is not related to the operating integrity of an elevator, escalator, or related conveyance.

2004, c. 188; 2007, c. 424; 2010, cc. 81, 207; 2021, Sp. Sess. I, c. 151.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 11 (CONTRACTORS)
§ 54.1-1142. Issuance of certification; emergency certification.
A. The Board shall issue a certificate to practice as an elevator mechanic or certified accessibility mechanic in the Commonwealth to any applicant who has submitted satisfactory evidence that he has successfully:

1. Completed the educational requirements as required by the Board, which shall at a minimum include such requirements as the Board determines will establish minimum competency on the part of the applicant;

2. Completed the experience requirements as required by the Board, which shall at a minimum consist of at least three years in the elevator industry; and

3. Passed an examination offered or approved by the Board.

B. The Board may issue a certificate to practice as an elevator mechanic or a certified accessibility mechanic to any applicant who has completed a training and education program approved by the Board that is equal to or exceeds the requirements established by the Board for all applicants.

2004, c. 188; 2007, c. 424; 2009, cc. 184, 586; 2010, cc. 81, 207.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 11 (CONTRACTORS)
§ 54.1-1142.1. Certifications in event of declared emergency.
A. Whenever the Governor declares a state of emergency in accordance with § 44-146.17 or in the event of a work stoppage by elevator mechanics and the Board determines that the number of elevator mechanics is insufficient to meet the demands of the emergency or work stoppage, the Board shall issue an emergency certificate to practice as an elevator mechanic under the following conditions:

1. A contractor licensed under the provisions of this chapter (a) attests to the Board, in a form prescribed by the Board, that an applicant has an acceptable combination of documented experience and education to perform work as an elevator mechanic without direct and immediate supervision of an elevator mechanic and (b) provides such proof thereof as required by the Board; and

2. The applicant attested to the Board by the licensed contractor applies to the Board for emergency certification as an elevator mechanic.

As used in this subsection, "direct and immediate supervision" means proper supervision but does not include line of sight supervision.

B. Each such certification shall be valid for a period of 45 days from the date of issuance and for such geographic areas or such elevators, escalators, or related conveyances as the Board may designate. Such certification shall entitle the certificate holder to engage in work as an elevator mechanic. The Board shall renew such certification as often as necessary to ensure that there is a sufficient number of elevator mechanics to meet the demands of the emergency. No fee shall be charged for application for such certification or any renewal thereof.

C. The Board may delegate to the Director of the Department the authority to issue such emergency certifications. The Director shall inform the Board of the issuance of any certifications.

2007, c. 424; 2009, cc. 184, 586.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 11 (CONTRACTORS)
§ 54.1-1142.2. Certifications in event of shortage of elevator mechanics.
A. Whenever a contractor licensed under the provisions of this chapter demonstrates to the satisfaction of the Board that there is a shortage of elevator mechanics, the Board shall issue temporary certifications under the following conditions:

1. The licensed contractor attests to the Board, in a form prescribed by the Board, that after due diligence, the licensed contractor is unable to find an elevator mechanic from the list of elevator mechanics maintained by the Board to perform elevator work;

2. The applicant has an acceptable combination of documented experience and education to perform work as an elevator mechanic without direct and immediate supervision of an elevator mechanic and provides such proof thereof as required by the Board;

3. The applicant applies for such temporary certification as an elevator mechanic; and

4. The applicant pays an application fee as set by the Board.

As used in this subsection, "direct and immediate supervision" means proper supervision but does not include line of sight supervision.

B. Each such temporary certification shall be valid for a period of up to 45 days from the date of issuance, provided the applicant continues at all times to be employed by the licensed contractor. The Board shall renew such certification as often as necessary to ensure that there is a sufficient number of elevator mechanics to meet the shortage.

C. The Board may delegate to the Director of the Department the authority to issue such temporary certifications or renewals thereof. The Director shall inform the Board of the issuance of any such certifications or renewals.

2009, cc. 184, 586.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 11 (CONTRACTORS)
§ 54.1-1143. Continuing education.
A. The Board shall establish in the regulations requirements for continuing education as a prerequisite to renewal of any certificate issued under this article. The Board shall require evidence of knowledge of the Uniform Statewide Building Code changes as a prerequisite to renewal of any certificate issued under this article. In addition, the Board may require continuing education for any individual who is found to be in violation of law or regulations governing the practice of an elevator mechanic certified under this article.

B. An elevator mechanic or a certified accessibility mechanic, as a condition of recertification and as part of the recertification application, shall attest to the Board that he has completed at least eight hours of continuing education, approved by the Board, in the specialty of elevator/escalator contracting. The Board may establish such requirements for approval of training instructors, the criteria for the continuing education and such other regulations to ensure the protection of the public interest. Such criteria shall include approval of curriculum sponsored by national or state professional elevator industry associations approved by the Board.

C. The provisions of this section shall not apply to certifications issued by the Board under § 54.1-1142.1 or 54.1-1142.2.

2004, c. 188; 2007, c. 424; 2009, cc. 184, 586; 2010, cc. 81, 207.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 11 (CONTRACTORS)
§ 54.1-1144. Definitions.
As used in this article, unless the context requires a different meaning:

"Accredited residential building energy analyst training program" means a training program that has been approved by the Board to provide training for individuals to engage in blower door, duct blaster, or similar testing to measure energy efficiency, conduct energy modeling, prepare a residential building energy analysis report, and provide recommendations for improvements with return on investment or third-party verification for nationally accredited energy efficiency programs.

"Licensed residential building energy analyst" means an individual who has successfully completed an accredited residential building energy analyst training program or meets the criteria of experience required by this article and regulations of the Board and who has been licensed by the Board.

"Residential building energy analysis" means (i) an inspection, investigation, or survey of a dwelling or other structure to evaluate, measure, or quantify its energy consumption and efficiency, including lighting, HVAC, electronics, appliances, water heaters, insulation, and water conservation, and (ii) recommendations to reduce energy consumption and improve efficiency of a dwelling or other structure, including lighting, HVAC, electronics, appliances, water heaters, insulation, and water conservation for compensation conducted or made by a licensed residential building energy analyst.

2011, c. 865.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 11 (CONTRACTORS)
§ 54.1-1145. License required.
A. No person shall engage in, or offer to engage in, work as a residential building energy analyst in the Commonwealth unless he has been licensed under the provisions of this article.

B. The Board may issue a license to perform residential building energy analysis in the Commonwealth to any applicant who has submitted satisfactory evidence that he has successfully:

1. Completed an accredited residential building energy analyst training program;

2. Completed at least five residential building energy analyses under the supervision of a licensed residential building energy analyst;

3. Remains in good standing with any certifying organization approved by the Board, provided that the requirements for the applicant's class of membership in such association are equal to or exceed the requirements established by the Board for all applicants;

4. Maintains the necessary insurance coverage as determined by the Board; and

5. Demonstrates the financial capability, as determined by the Board, to perform residential building energy analysis.

C. Individuals applying for a license as a residential building energy analyst between July 1, 2011, and July 1, 2012, who submit satisfactory evidence to the Board of having been actively and continuously engaged in residential building energy analysis for the immediately preceding three years shall be licensed by the Board, unless an applicant is found by the Board to have engaged in any act that would constitute grounds for disciplinary action.

2011, c. 865.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 11 (CONTRACTORS)
§ 54.1-1146. Additional powers of the Board.
The Board shall adopt regulations necessary to establish procedures and requirements for the (i) approval of accredited residential building energy analyst training programs, (ii) licensing of individuals and firms to engage in residential building energy analysis, and (iii) establishment of standards for performing residential building energy analysis consistent with the U.S. Environmental Protection Agency guidelines and recognized by the Energy Star Program.

2011, c. 865.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 11 (CONTRACTORS)
§ 54.1-1147. Certified automatic fire sprinkler inspector.
A. No person may perform or offer to perform inspections of automatic fire sprinkler systems in the Commonwealth unless he is certified under the provisions of this section.

B. The Board shall certify as an automatic fire sprinkler inspector any person who receives (i) a Level II or higher Inspection and Testing of Water-Based Systems certificate issued through the National Institute for Certification in Engineering Technologies or (ii) a substantially similar certification from a nationally recognized training program approved by the Board. The Board may suspend or revoke certification as an automatic fire sprinkler inspector for any person that does not maintain a certification required under this subsection.

C. Notwithstanding the provisions of subsection A, a person lacking certification under this section but participating in a training or apprenticeship program may perform automatic fire sprinkler inspections so long as (i) such person is accompanied by a certified automatic fire sprinkler inspector and (ii) any required inspection forms are signed by the certified automatic fire sprinkler inspector.

D. This section shall not apply to building officials and technical assistants enforcing the Uniform Statewide Building Code (§ 36-97 et seq.) or fire officials and technical assistants enforcing the Virginia Statewide Fire Prevention Code Act (§ 27-94 et seq.).

2019, c. 726; 2022, c. 340.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 11 (CONTRACTORS)
§ 54.1-1148. Continuing education.
The Board shall establish in the regulations requirements for continuing education as a prerequisite to renewal of a certificate issued under this article. The Board shall require evidence of knowledge of changes to the Virginia Statewide Fire Prevention Code as a prerequisite to renewal of any certificate issued under this article. In addition, the Board may require continuing education for any individual who is found to be in violation of law or regulations governing automatic fire sprinkler inspectors certified under this article.

2019, c. 726.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 12 (COSMETOLOGISTS [Repealed])
§ 54.1-1200. Repealed.
Repealed by Acts 2000, c. 726, cl. 2.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 13 (EMPLOYMENT AGENCIES [Repealed])
§ 54.1-1300. Repealed.
Repealed by Acts 1996, cc. 61 and 179.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 14 (GEOLOGISTS [Repealed])
§ 54.1-1400. Repealed.
Repealed by Acts 2012, cc. 803 and 835, cl. 39.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 15 (HEARING AID SPECIALISTS AND OPTICIANS)
§ 54.1-1500. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Audiologist" means the same as that term is defined in § 54.1-2600.

"Board" means the Board for Hearing Aid Specialists and Opticians.

"Hearing aid" means any wearable instrument or device designed or offered to aid or compensate for impaired human hearing and any parts, attachments, or accessories, including earmolds, but excluding batteries and cords.

"Licensed hearing aid specialist" means any person who is the holder of a hearing aid specialist license issued by the Board for Hearing Aid Specialists and Opticians.

"Licensed optician" means any person who is the holder of an optician license issued by the Board for Hearing Aid Specialists and Opticians.

"Licensed optometrist" means any person authorized by Virginia law to practice optometry.

"Licensed physician" means any person licensed by the Board of Medicine to practice medicine and surgery.

"Optician" means any person not exempted by § 54.1-1506 who prepares or dispenses eyeglasses, spectacles, lenses, or related appurtenances, for the intended wearers or users, on prescriptions from licensed physicians or licensed optometrists, or as duplications or reproductions of previously prepared eyeglasses, spectacles, lenses, or related appurtenances; or who, in accordance with such prescriptions, duplications or reproductions, measures, adapts, fits, and adjusts eyeglasses, spectacles, lenses, or appurtenances, to the human face.

"Over-the-counter hearing aid" means an air-conduction hearing aid that does not require implantation or other surgical intervention and is intended for use by a person age 18 or older to compensate for perceived mild to moderate hearing impairment.

"Practice of audiology" means the same as that term is defined in § 54.1-2600.

"Practice of fitting or dealing in hearing aids" means (i) the measurement of human hearing by means of an audiometer or by any other means solely for the purpose of making selections, adaptations, or sale of hearing aids, (ii) the sale of prescription hearing aids, or (iii) the making of impressions for earmolds for prescription hearing aids. A practitioner, at the request of a physician or a member of a related profession, may make audiograms for the professional's use in consultation with the hard-of-hearing.

"Prescription hearing aid" means a hearing aid that is not an over-the-counter hearing aid.

"Sell" or "sale" means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or practitioners.

"Temporary permit" means a permit issued while an applicant is in training to become a licensed hearing aid specialist.

1970, c. 571, § 54-524.110; 1988, c. 765; 2005, c. 599; 2012, cc. 803, 835; 2018, c. 458; 2023, cc. 273, 274.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 15 (HEARING AID SPECIALISTS AND OPTICIANS)
§ 54.1-1500.1. Board for Hearing Aid Specialists and Opticians; qualifications and terms of members; officers.
A. The Board for Hearing Aid Specialists and Opticians shall consist of 15 members, as follows: four licensed hearing aid specialists, of which at least one shall be licensed as an audiologist by the Board of Audiology and Speech-Language Pathology, six licensed opticians, one otolaryngologist, one ophthalmologist, and three citizen members.

B. One of the citizen members shall be a hearing aid user or a person who has a family member who is or has been a hearing aid user. Each hearing aid specialist and the otolaryngologist shall have at least five years of experience in their respective fields immediately prior to appointment. Each of the opticians shall have at least five years of experience prior to appointment and the ophthalmologist shall have practiced ophthalmology for at least five years prior to appointment.

C. The terms of Board members shall be four years.

D. The Board shall elect a chairman and vice-chairman from its membership.

2012, cc. 803, 835.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 15 (HEARING AID SPECIALISTS AND OPTICIANS)
§ 54.1-1500.2. Nominations for Board appointments.
A. The appointment of the otolaryngologist member may be made from a list of at least three names submitted to the Governor by the Medical Society of Virginia. The appointment of one of the hearing aid specialist members may be made from a list of at least three names submitted to the Governor by the Speech-Language Hearing Association of Virginia. The appointment of the remaining hearing aid specialist members may be made from a list of at least three names for each vacancy submitted to the Governor by the Virginia Society of Hearing Aid Specialists. Nominations for appointments to regular terms shall be submitted to the Governor on or before June 1 of each year. The Governor may notify the Society or Association, respectively, of any vacancy other than by expiration, and like nominations may be made for the filling of the vacancy. In no case shall the Governor be bound to make any appointment from among the nominees.

B. The appointment of the licensed optician members may be made from a list of at least three names for each vacancy submitted to the Governor by the Opticians Association of Virginia for each appointee who is an optician, and by the Medical Society of Virginia for each appointee who is a physician. Nominations for appointments to regular terms shall be submitted to the Governor on or before June 1 of each year. The Governor may notify the Society or Association, respectively, of any vacancy other than by expiration and like nominations may be made for the filling of the vacancy. In no case shall the Governor be bound to make any appointment from among the nominees.

2012, cc. 803, 835.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 15 (HEARING AID SPECIALISTS AND OPTICIANS)
§ 54.1-1501. Exemptions; sale of hearing aids by corporations, etc., measuring hearing.
A. Physicians licensed to practice in Virginia and certified by the American Board of Otolaryngology or eligible for such certification shall not be required to pass an examination as a prerequisite to obtaining a license under this chapter.

B. Nothing in this chapter shall prohibit a corporation, partnership, trust, association, or other like organization maintaining an established business address from engaging in the business of selling or offering for sale prescription hearing aids at retail without a license, provided that it employs only licensed practitioners in the direct sale and fitting of prescription hearing aids.

C. Nothing in this chapter shall prohibit any person who does not sell hearing aids or accessories or who is not employed by an organization which sells hearing aids or accessories from engaging in the practice of measuring human hearing for the purpose of selection of hearing aids.

D. Audiologists licensed to practice in Virginia who have earned a doctoral degree in audiology shall not be required to pass an examination as a prerequisite to obtaining a license under this chapter.

1970, c. 571, §§ 54-524.111, 54-524.112; 1974, c. 534; 1986, c. 279; 1988, c. 765; 1996, c. 741; 2018, c. 458; 2023, cc. 273, 274.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 15 (HEARING AID SPECIALISTS AND OPTICIANS)
§ 54.1-1502. Repealed.
Repealed by Acts 2012, cc. 803 and 835, cl. 35.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 15 (HEARING AID SPECIALISTS AND OPTICIANS)
§ 54.1-1504. License required.
No person shall engage in the practice of fitting or dealing in prescription hearing aids or display a sign or in any other way advertise or represent himself as a person who practices the fitting or dealing of prescription hearing aids unless he holds a license as provided in this chapter. Nothing in this chapter shall be construed as requiring a licensee to engage in the business of selling over-the-counter hearing aids.

1970, c. 571, § 54-524.111; 1974, c. 534; 1986, c. 279; 1988, c. 765; 2005, c. 599; 2023, cc. 273, 274.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 15 (HEARING AID SPECIALISTS AND OPTICIANS)
§ 54.1-1505. Return of prescription hearing aid by purchaser or lessee.
A. Within 30 days of the date of delivery, any purchaser or lessee of a prescription hearing aid shall be entitled to return such hearing aid for any reason, provided that such hearing aid is returned in satisfactory condition. Such purchaser or lessee shall be entitled to a replacement or a refund of all charges paid, less a reasonable charge for medical, audiological, and hearing aid evaluation services provided by the hearing aid specialist.

B. The right of a purchaser or lessee to return a prescription hearing aid and the charges to be imposed upon the return of such hearing aid, as provided in subsection A of this section, shall be explained and given in writing in at least 10-point, bold-faced type to such purchaser or lessee by the hearing aid specialist.

C. The provisions of this section shall be subject to the provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).

1990, c. 584; 2023, cc. 273, 274.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 15 (HEARING AID SPECIALISTS AND OPTICIANS)
§ 54.1-1506. Exemptions.
The provisions of this chapter shall not apply to:

1. Any licensed physician or licensed optometrist;

2. Any individual, partnership, or corporation engaged in supplying ophthalmic prescriptions and supplies exclusively to licensed physicians, licensed optometrists, licensed opticians, or optical scientists;

3. Any person who does not hold himself out to the public as an "optician," and who works exclusively under the direct supervision and control of a licensed physician or licensed optometrist or licensed optician, and in the same location;

4. The sale of spectacles, eyeglasses, magnifying glasses, goggles, sunglasses, telescopes, or binoculars that are completely preassembled and sold as merchandise; or

5. Any optician who (i) does not regularly practice in Virginia; (ii) holds a current valid license or certificate to practice as an optician in another state, territory, district, or possession of the United States; (iii) volunteers to provide free health care to an underserved area of the Commonwealth under the auspices of a publicly supported all volunteer, nonprofit organization with no paid employees that sponsors the provision of health care to populations of underserved people throughout the world; (iv) files a copy of the license or certificate issued in such other jurisdiction with the Board; (v) notifies the Board, within 15 days prior to the voluntary provision of services of the dates and location of such services; and (vi) acknowledges, 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.

1954, c. 237, §§ 54-398.1, 54-398.3; 1974, c. 534; 1988, c. 765, § 54.1-1701; 2002, c. 740; 2012, cc. 803, 835.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 15 (HEARING AID SPECIALISTS AND OPTICIANS)
§ 54.1-1507. Practice of opticians restricted.
No person shall practice or offer to practice as an optician in the Commonwealth unless he holds a license issued under this chapter.

1954, c. 237, § 54-398.3; 1974, c. 534; 1988, c. 765, § 54.1-1704; 2012, cc. 803, 835.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 15 (HEARING AID SPECIALISTS AND OPTICIANS)
§ 54.1-1508. Optical prescriptions, ocular refraction, etc.
Nothing in this chapter shall authorize an optician, or anyone else not otherwise authorized by law, to make, issue, or alter optical prescriptions, or to practice ocular refraction, orthoptics, or visual training, or to fit contact lenses except on the prescription of an ophthalmologist or optometrist and under his direction, or to advertise or offer to do so in any manner.

1954, c. 237, § 54-398.27; 1964, c. 101; 1988, c. 765, § 54.1-1705; 2012, cc. 803, 835.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 15 (HEARING AID SPECIALISTS AND OPTICIANS)
§ 54.1-1509. Permissible practices.
Notwithstanding the provisions of subdivisions 7 and 8 of § 54.1-3204, a licensed optician is authorized to prepare and dispense eyeglasses, spectacles, lenses, or related appurtenances, for the intended wearers or users, on prescriptions from licensed physicians or licensed optometrists; duplicate and reproduce previously prepared eyeglasses, spectacles, lenses, or related appurtenances; and, in accordance with such prescriptions, duplications, or reproductions, measure, adapt, fit, and adjust eyeglasses, spectacles, lenses, or appurtenances to the human face. A licensed optician shall not, however, duplicate a contact lens solely from a previously prepared contact lens.

1990, c. 718, § 54.1-1706; 1993, c. 206; 2009, cc. 353, 761; 2012, cc. 803, 835.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 16 (LIBRARIANS [Repealed])
§ 54.1-1600. Repealed.
Repealed by Acts 1988, c. 716.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 17 (OPTICIANS [Repealed])
§ 54.1-1700. Repealed.
Repealed by Acts 2012, cc. 803 and 835, cl. 35.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 18 (POLYGRAPH EXAMINERS)
§ 54.1-1800. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Course of instruction" means a formal course of instruction in the detection of deception and the verification of truth in an institution approved by the Director.

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

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

"Other detection device" or "device" means any mechanical or electronic instrument or device, other than a polygraph, used to test or question individuals for the purpose of detecting deception or verifying truthfulness.

"Person" means any natural person, partnership, association, corporation or trust.

"Polygraph" means any mechanical or electronic instrument or device used to test or question individuals for the purpose of determining truthfulness.

"Polygraph examiner" means any person who uses a polygraph to test or question individuals for the purpose of determining truthfulness.

"Polygraph examiner intern" means any person engaged in the study of polygraphy and the administration of polygraph examinations under the personal supervision and control of a polygraph examiner.

1975, c. 522, § 54-916; 1988, c. 765; 1993, c. 499; 2010, c. 625.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 18 (POLYGRAPH EXAMINERS)
§ 54.1-1801. Licenses.
A. All polygraph examiners shall be licensed pursuant to this chapter.

B. All persons who operate any other detection device shall be licensed pursuant to this chapter.

1975, c. 522, § 54-918; 1988, c. 765; 2010, c. 625.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 18 (POLYGRAPH EXAMINERS)
§ 54.1-1802. Repealed.
Repealed by Acts 2010, c. 578, cl. 2.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 18 (POLYGRAPH EXAMINERS)
§ 54.1-1802.1. Powers and duties of the Department.
The Department shall administer and enforce the provisions of this chapter. In addition to the powers and duties otherwise conferred by the law, the Director shall have the powers and duties of a regulatory board as contained in §§ 54.1-201 and 54.1-202 and shall have the power and duty to:

1. Promulgate regulations necessary for the reasonable administration of this chapter in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). Such regulations shall include, but not be limited to, the establishment of minimum qualifications for the operators of polygraphs and other detection devices;

2. Charge each applicant for licensure and for renewals of licensure a nonrefundable fee subject to the provisions of § 54.1-113 and subdivision A 4 of § 54.1-201; and

3. Conduct investigations to determine the suitability of applicants for licensure and to determine the licensee's compliance with applicable statutes and regulations.

2010, cc. 578, 625; 2012, c. 769.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 18 (POLYGRAPH EXAMINERS)
§ 54.1-1803. Approval of schools to teach courses of instruction.
The Director shall promulgate regulations for the approval of schools in which courses of instruction for polygraph examiners and persons who operate other detection devices approved pursuant to § 54.1-1805 are taught.

1975, c. 522, § 54-920; 1988, c. 765; 2010, c. 625.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 18 (POLYGRAPH EXAMINERS)
§ 54.1-1804. Submission of fingerprints.
Each applicant for licensure as a polygraph examiner, each polygraph examiner intern, and each applicant for licensure to operate any other detection device shall submit his fingerprints to the Department on a form provided by the Department.

1975, c. 522, § 54-921; 1988, c. 765; 2010, c. 625.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 18 (POLYGRAPH EXAMINERS)
§ 54.1-1805. Instrument to be used.
A. Each polygraph examiner shall use an instrument that records permanently and simultaneously the subject's cardiovascular and respiratory patterns as minimum standards, but such an instrument may record additional physiological changes pertinent to the determination of truthfulness.

B. 1. The use of any other detection device that does not meet the instrumentation requirements set forth in subsection A shall be approved by the Director. The Director shall approve such other detection device only when the data collected by such device is deemed to be reliable and valid in detecting deception or verifying truth, based upon the preponderance of available scientific evidence. The voluntary, written consent of any individual to be tested using a detection device approved pursuant to this subsection shall be obtained prior to the administration of any such test or questioning using the device.

2. Any such approved device shall be subject to regulations promulgated by the Director regarding its use in the Commonwealth.

3. The Director shall establish standards of practice related to the use of any such other detection device approved pursuant to this subsection.

1975, c. 522, § 54-922; 1988, c. 765; 2010, c. 625.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 18 (POLYGRAPH EXAMINERS)
§ 54.1-1806. Prohibition of use of certain questions on polygraph tests for employment.
No licensed polygraph operator shall, during a polygraph examination required as a condition of employment, ask any question concerning the sexual activities of the person being examined if the question violates state or federal law. A violation of this section shall constitute grounds for disciplinary action pursuant to § 54.1-1802.1.

1989, c. 693; 2010, c. 578.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 19 (PRIVATE SECURITY SERVICES BUSINESSES [Repealed])
§ 54.1-1900. Repealed.
Repealed by Acts 1992, c. 578, effective July 1, 1993.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 2 (GENERAL PROVISIONS)
§ 54.1-200. Composition of regulatory boards.
A regulatory board established to administer a system of certification or licensure as provided in §§ 54.1-310 and 54.1-311, unless otherwise specified by law, shall consist of at least five members. The Board for Professional and Occupational Regulation may recommend to the General Assembly the number of members to be placed on the regulatory board. Two members of each board established hereafter shall be citizen members and the remainder of the members shall be practitioners of the profession or occupation which is being regulated. Citizen members shall participate in all matters except decisions regarding the examination of applicants for licensure or decisions regarding the professional competence of licensees. Terms of the members shall be staggered to ensure a continuing body.

1979, c. 408, § 54-1.27; 1988, c. 765; 1993, c. 499.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 2 (GENERAL PROVISIONS)
§ 54.1-201.1. Issuance of temporary licenses and certifications.
A. Notwithstanding any other provision of law, the regulatory boards within the Department of Professional and Occupational Regulation may issue a temporary license or certification to any applicant who holds a comparable license or certification issued by another state, provided (i) the license or certificate is valid, (ii) the applicant is in good standing with the regulatory entity that issued the license or certification, and (iii) the applicant simultaneously submits a completed application for a Virginia license or certification.

B. Any person who receives a temporary license or certification pursuant to this section shall be subject to the jurisdiction of the issuing regulatory board.

C. Any license or certification issued pursuant to this section shall be valid for a period not to exceed 45 days from the date of issuance and may not be renewed.

2010, cc. 260, 280.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 2 (GENERAL PROVISIONS)
§ 54.1-202. Monetary penalty; delegation to Director of authority enter consent agreements.
A. Any person licensed or certified by a regulatory board who violates any statute or regulation pertaining to that regulatory board who is not criminally prosecuted shall be subject to the monetary penalty provided in this section. If a regulatory board determines that a respondent is guilty of the violation complained of, the board shall determine the amount of the monetary penalty for the violation, which shall not exceed $2,500 for each violation. The penalty may be sued for and recovered in the name of the Commonwealth.

B. Any regulatory board within the Department of Professional and Occupational Regulation may adopt a resolution delegating to the Director the authority to enter into consent agreements on behalf of the regulatory board with regulants of the board. Such resolution shall specify the types of violations to which the delegation applies and the maximum monetary penalty that may be imposed in a consent agreement for each regulatory violation. No delegation of authority pursuant to this subsection shall provide for a monetary penalty over $2,500 per regulatory violation.

1979, c. 408, § 54-1.22; 1988, c. 765; 1999, cc. 37, 950; 2001, c. 832; 2005, c. 383.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 2 (GENERAL PROVISIONS)
§ 54.1-203. Recovery of cost after grant of formal fact-finding.
After a formal fact-finding pursuant to § 2.2-4020 wherein a sanction is imposed to fine, or to suspend, revoke or deny renewal of any license, certificate or registration, the regulatory board or the Department may assess the holder thereof the cost of conducting such fact-finding when the board or Department has final authority to grant such license, certificate or registration, unless the board or Department determines that the offense was inadvertent or done in a good faith belief that such act did not violate a statute or regulation. The cost shall be limited to (i) the reasonable hourly rate for the hearing officer and (ii) the actual cost of recording the proceedings.

1983, c. 401, § 54-1.22:1; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 2 (GENERAL PROVISIONS)
§ 54.1-204.1. Predetermination process for licensing eligibility.
A. An individual with a criminal record may request a predetermination from a regulatory board within the Department of Professional and Occupational Regulation or from the Department concerning whether his criminal record would disqualify him from obtaining a license, certificate, registration, or other authority to engage in a particular occupation, trade, or profession in the Commonwealth.

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

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

2025, c. 505.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 2 (GENERAL PROVISIONS)
§ 54.1-205.1. International licensure and certification; regulations.
A. The regulatory boards within the Department of Professional and Occupational Regulation shall develop regulations to provide a pathway to licensure or certification for individuals with equivalent qualifications from another country. Such regulations shall include the following requirements for issuing such license or certification:

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

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

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

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

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

2025, cc. 150, 153.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 20 (PUBLIC ACCOUNTANCY [Repealed])
§ 54.1-2000. Repealed.
Repealed by Acts 2001, ch. 832, cl. 2.