{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-111.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-111.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-111.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-111.html"}],"law_id":70430,"edition_id":1,"section_id":70430,"structure_id":12982,"section_number":"54.1-111","catch_line":"Unlawful acts; prosecution; proceedings in equity; civil penalty","history":"1979, c. 408, \u00a7 54-1.20; 1988, c. 765; 1993, cc. 129, 499; 1998, c. 470; 2001, c. 544; 2003, cc. 753, 762; 2004, c. 49; 2005, cc. 398, 642, 697; 2008, c. 358; 2017, c. 457; 2019, cc. 481, 517.","full_text":"A\n\nIt is unlawful for any person, partnership, corporation, or other entity to engage in any of the following acts:1\n\nPracticing a profession or occupation without holding a valid license as required by statute or regulation.2\n\nMaking use of any designation provided by statute or regulation to denote a standard of professional or occupational competence without being duly certified or licensed.3\n\nMaking use of any titles, words, letters, or abbreviations which may reasonably be confused with a designation provided by statute or regulation to denote a standard of professional or occupational competence without being duly certified or licensed.4\n\nPerforming any act or function which is restricted by statute or regulation to persons holding a professional or occupational license or certification, without being duly certified or licensed.5\n\nFailing to register as a practitioner of a profession or occupation as required by statute or regulation.6\n\nMaterially misrepresenting facts in an application for licensure, certification, or registration.7\n\nWillfully refusing to furnish a regulatory board information or records required or requested pursuant to statute or regulation.8\n\nViolating any statute or regulation governing the practice of any profession or occupation regulated pursuant to this title.9\n\nRefusing to process a request, tendered in accordance with the regulations of the relevant health regulatory board or applicable statutory law, for patient records or prescription dispensing records after the closing of a business or professional practice or the transfer of ownership of a business or professional practice.B\n\nAny person who willfully engages in any unlawful act enumerated in this section is guilty of a Class 1 misdemeanor. The third or any subsequent conviction for violating this section during a 36-month period constitutes a Class 6 felony. In addition, any person convicted of any unlawful act enumerated in subdivisions A 1 through 8, for conduct that is within the purview of any regulatory board within the Department of Professional and Occupational Regulation, may be ordered by the court to pay restitution in accordance with §§ 19.2-305 through 19.2-305.4.C\n\nThe Director of the Department of Professional and Occupational Regulation, or his designee, may issue a notice to any person violating the provisions of subdivisions A 1 through 5 or A 8 to cease and desist such activity.D\n\nIn addition to the criminal penalties provided for in subsection B, the Department of Professional and Occupational Regulation or the Department of Health Professions, without compliance with the Administrative Process Act (§ 2.2-4000 et seq.), shall have the authority to enforce the provisions of subsection A and may institute proceedings in equity to enjoin any person, partnership, corporation or any other entity from engaging in any unlawful act enumerated in this section and to recover a civil penalty of at least $200 but not more than $5,000 per violation, with each unlawful act constituting a separate violation; but in no event shall the civil penalties against any one person, partnership, corporation or other entity exceed $25,000 per year. Such proceedings shall be brought in the name of the Commonwealth by the appropriate Department in the circuit court or general district court of the city or county in which the unlawful act occurred or in which the defendant resides.E\n\nThis section shall not be construed to prohibit or prevent the owner of patient records from (i) retaining copies of his patient records or prescription dispensing records after the closing of a business or professional practice or the transfer of ownership of a business or professional practice or (ii) charging a reasonable fee, in accordance with subsections B2, B3, B4, and B6 of § 8.01-413 or subsection J of § 32.1-127.1:03, for copies of patient records, as applicable under the circumstances.F\n\nNothing in this section, nor §§ 13.1-543, 13.1-1102, 54.1-2902, and 54.1-2929, shall be construed to prohibit or prevent any entity of a type listed in § 13.1-542.1 or 13.1-1101.1, which employs or contracts with an individual licensed by a health regulatory board, from (i) practicing or engaging in the practice of a profession or occupation for which such individual is licensed, (ii) providing or rendering professional services related thereto through the licensed individual, or (iii) having a legitimate interest in enforcing the terms of employment or its contract with the licensed individual.G\n\nThis section shall apply, mutatis mutandis, to all persons holding a multistate licensure privilege to practice nursing in the Commonwealth of Virginia.","order_by":null,"text":{"0":{"id":254164,"text":"It is unlawful for any person, partnership, corporation, or other entity to engage in any of the following acts:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":254165,"text":"Practicing a profession or occupation without holding a valid license as required by statute or regulation.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":254166,"text":"Making use of any designation provided by statute or regulation to denote a standard of professional or occupational competence without being duly certified or licensed.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":254167,"text":"Making use of any titles, words, letters, or abbreviations which may reasonably be confused with a designation provided by statute or regulation to denote a standard of professional or occupational competence without being duly certified or licensed.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":254168,"text":"Performing any act or function which is restricted by statute or regulation to persons holding a professional or occupational license or certification, without being duly certified or licensed.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":254169,"text":"Failing to register as a practitioner of a profession or occupation as required by statute or regulation.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":254170,"text":"Materially misrepresenting facts in an application for licensure, certification, or registration.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":254171,"text":"Willfully refusing to furnish a regulatory board information or records required or requested pursuant to statute or regulation.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":254172,"text":"Violating any statute or regulation governing the practice of any profession or occupation regulated pursuant to this title.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":254173,"text":"Refusing to process a request, tendered in accordance with the regulations of the relevant health regulatory board or applicable statutory law, for patient records or prescription dispensing records after the closing of a business or professional practice or the transfer of ownership of a business or professional practice.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"B"},"10":{"id":254174,"text":"Any person who willfully engages in any unlawful act enumerated in this section is guilty of a Class 1 misdemeanor. The third or any subsequent conviction for violating this section during a 36-month period constitutes a Class 6 felony. In addition, any person convicted of any unlawful act enumerated in subdivisions A 1 through 8, for conduct that is within the purview of any regulatory board within the Department of Professional and Occupational Regulation, may be ordered by the court to pay restitution in accordance with §§ 19.2-305 through 19.2-305.4.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A9","next_prefix":"C"},"11":{"id":254175,"text":"The Director of the Department of Professional and Occupational Regulation, or his designee, may issue a notice to any person violating the provisions of subdivisions A 1 through 5 or A 8 to cease and desist such activity.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"12":{"id":254176,"text":"In addition to the criminal penalties provided for in subsection B, the Department of Professional and Occupational Regulation or the Department of Health Professions, without compliance with the Administrative Process Act (§ 2.2-4000 et seq.), shall have the authority to enforce the provisions of subsection A and may institute proceedings in equity to enjoin any person, partnership, corporation or any other entity from engaging in any unlawful act enumerated in this section and to recover a civil penalty of at least $200 but not more than $5,000 per violation, with each unlawful act constituting a separate violation; but in no event shall the civil penalties against any one person, partnership, corporation or other entity exceed $25,000 per year. Such proceedings shall be brought in the name of the Commonwealth by the appropriate Department in the circuit court or general district court of the city or county in which the unlawful act occurred or in which the defendant resides.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"13":{"id":254177,"text":"This section shall not be construed to prohibit or prevent the owner of patient records from (i) retaining copies of his patient records or prescription dispensing records after the closing of a business or professional practice or the transfer of ownership of a business or professional practice or (ii) charging a reasonable fee, in accordance with subsections B2, B3, B4, and B6 of § 8.01-413 or subsection J of § 32.1-127.1:03, for copies of patient records, as applicable under the circumstances.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"14":{"id":254178,"text":"Nothing in this section, nor §§ 13.1-543, 13.1-1102, 54.1-2902, and 54.1-2929, shall be construed to prohibit or prevent any entity of a type listed in § 13.1-542.1 or 13.1-1101.1, which employs or contracts with an individual licensed by a health regulatory board, from (i) practicing or engaging in the practice of a profession or occupation for which such individual is licensed, (ii) providing or rendering professional services related thereto through the licensed individual, or (iii) having a legitimate interest in enforcing the terms of employment or its contract with the licensed individual.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"15":{"id":254179,"text":"This section shall apply, mutatis mutandis, to all persons holding a multistate licensure privilege to practice nursing in the Commonwealth of Virginia.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":12982,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":12981,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":239317,"object_type":"structure","relational_id":12982,"identifier":"1","token":"54.1\/I\/1","url":"\/54.1\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12981,"edition_id":1,"name":"General Provisions Relating to Regulatory Boards","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":239315,"object_type":"structure","relational_id":12981,"identifier":"I","token":"54.1\/I","url":"\/54.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66147,"structure_id":12982,"section_number":"54.1-100","catch_line":"Regulations of professions and occupations","url":"\/54.1-100\/","token":"54.1\/I\/1\/54.1-100","metadata":false},{"id":76460,"structure_id":12982,"section_number":"54.1-100.1","catch_line":"Department of Commerce continued as Department of Professional and Occupational Regulation","url":"\/54.1-100.1\/","token":"54.1\/I\/1\/54.1-100.1","metadata":false},{"id":65566,"structure_id":12982,"section_number":"54.1-101","catch_line":"Copies of examinations filed by regulatory boards","url":"\/54.1-101\/","token":"54.1\/I\/1\/54.1-101","metadata":false},{"id":67393,"structure_id":12982,"section_number":"54.1-101.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/54.1-101.1\/","token":"54.1\/I\/1\/54.1-101.1","metadata":false},{"id":76077,"structure_id":12982,"section_number":"54.1-102","catch_line":"Unlawful procurement of certificate, license or permit; unauthorized possession of examination or answers; penalty","url":"\/54.1-102\/","token":"54.1\/I\/1\/54.1-102","metadata":false},{"id":64061,"structure_id":12982,"section_number":"54.1-103","catch_line":"Additional training of regulated persons; reciprocity; endorsement","url":"\/54.1-103\/","token":"54.1\/I\/1\/54.1-103","metadata":false},{"id":80502,"structure_id":12982,"section_number":"54.1-104","catch_line":"Suspension of license, certificate, registration, permit, or authority for dishonor of fee payment; reinstatement","url":"\/54.1-104\/","token":"54.1\/I\/1\/54.1-104","metadata":false},{"id":84071,"structure_id":12982,"section_number":"54.1-104.1","catch_line":"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","url":"\/54.1-104.1\/","token":"54.1\/I\/1\/54.1-104.1","metadata":false},{"id":76790,"structure_id":12982,"section_number":"54.1-105","catch_line":"Majority of board or panel required to suspend or revoke license, certificate, registration, permit, or multistate licensure privilege; imposition of sanctions","url":"\/54.1-105\/","token":"54.1\/I\/1\/54.1-105","metadata":false},{"id":77303,"structure_id":12982,"section_number":"54.1-106","catch_line":"Health care professionals rendering services to patients of certain clinics and administrators of such services exempt from liability","url":"\/54.1-106\/","token":"54.1\/I\/1\/54.1-106","metadata":false},{"id":72632,"structure_id":12982,"section_number":"54.1-106.1","catch_line":"Notification to licensees of the Board of Medicine about immunity for health care services to patients of free clinics","url":"\/54.1-106.1\/","token":"54.1\/I\/1\/54.1-106.1","metadata":false},{"id":81026,"structure_id":12982,"section_number":"54.1-107","catch_line":"Appointments, terms and removal of members of regulatory boards; citizen members","url":"\/54.1-107\/","token":"54.1\/I\/1\/54.1-107","metadata":false},{"id":75101,"structure_id":12982,"section_number":"54.1-108","catch_line":"Disclosure of official records","url":"\/54.1-108\/","token":"54.1\/I\/1\/54.1-108","metadata":false},{"id":56621,"structure_id":12982,"section_number":"54.1-109","catch_line":"Reviews and appeals","url":"\/54.1-109\/","token":"54.1\/I\/1\/54.1-109","metadata":false},{"id":86029,"structure_id":12982,"section_number":"54.1-110","catch_line":"Presiding officer; participation of board in hearing; disqualification of board member","url":"\/54.1-110\/","token":"54.1\/I\/1\/54.1-110","metadata":false},{"id":70430,"structure_id":12982,"section_number":"54.1-111","catch_line":"Unlawful acts; prosecution; proceedings in equity; civil penalty","url":"\/54.1-111\/","token":"54.1\/I\/1\/54.1-111","metadata":false},{"id":54066,"structure_id":12982,"section_number":"54.1-112","catch_line":"Copies of records as evidence","url":"\/54.1-112\/","token":"54.1\/I\/1\/54.1-112","metadata":false},{"id":72059,"structure_id":12982,"section_number":"54.1-113","catch_line":"Regulatory boards to adjust fees; certain transfer of moneys collected on behalf of health regulatory boards prohibited","url":"\/54.1-113\/","token":"54.1\/I\/1\/54.1-113","metadata":false},{"id":63057,"structure_id":12982,"section_number":"54.1-114","catch_line":"Biennial report","url":"\/54.1-114\/","token":"54.1\/I\/1\/54.1-114","metadata":false},{"id":55459,"structure_id":12982,"section_number":"54.1-115","catch_line":"Expired","url":"\/54.1-115\/","token":"54.1\/I\/1\/54.1-115","metadata":false},{"id":77180,"structure_id":12982,"section_number":"54.1-116","catch_line":"Applicants to include social security numbers, or other identifying number; exemption","url":"\/54.1-116\/","token":"54.1\/I\/1\/54.1-116","metadata":false},{"id":73444,"structure_id":12982,"section_number":"54.1-117","catch_line":"Expiration of documents issued to persons in diplomatic service and the armed services of the United States","url":"\/54.1-117\/","token":"54.1\/I\/1\/54.1-117","metadata":false},{"id":68838,"structure_id":12982,"section_number":"54.1-118","catch_line":"Qualifications for licensure, etc.; substantially equivalent military training and education","url":"\/54.1-118\/","token":"54.1\/I\/1\/54.1-118","metadata":false},{"id":86077,"structure_id":12982,"section_number":"54.1-119","catch_line":"Expediting the issuance of licenses, etc., to spouses of military service members; issuance of temporary licenses, etc","url":"\/54.1-119\/","token":"54.1\/I\/1\/54.1-119","metadata":false}],"previous_section":{"id":86029,"structure_id":12982,"section_number":"54.1-110","catch_line":"Presiding officer; participation of board in hearing; disqualification of board member","url":"\/54.1-110\/","token":"54.1\/I\/1\/54.1-110","metadata":false},"next_section":{"id":54066,"structure_id":12982,"section_number":"54.1-112","catch_line":"Copies of records as evidence","url":"\/54.1-112\/","token":"54.1\/I\/1\/54.1-112","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-111\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 408 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1988, chapter 765; in 1993, chapters 129 and 499; in 1998, chapter 470<\/a>; in 2001, chapter 544<\/a>; in 2003, chapters 753<\/a> and 762<\/a>; in 2004, chapter 49<\/a>; in 2005, chapters 398<\/a>, 642<\/a>, and 697<\/a>; in 2008, chapter 358<\/a>; in 2017, chapter 457<\/a>; in 2019, chapters 481<\/a> and 517<\/a>.<\/p>","references":[{"id":71434,"section_number":"19.2-8","catch_line":"Limitation of prosecutions","order_by":null,"url":"\/19.2-8\/"},{"id":83130,"section_number":"54.1-2506","catch_line":"Enforcement of laws by Director and investigative personnel; authority of investigative personnel and Director","order_by":null,"url":"\/54.1-2506\/"},{"id":73909,"section_number":"54.1-3434.01","catch_line":"Notice of pharmacy closing; change of ownership; penalty","order_by":null,"url":"\/54.1-3434.01\/"},{"id":63753,"section_number":"54.1-402.2","catch_line":"Cease and desist orders for unlicensed activity; civil penalty","order_by":null,"url":"\/54.1-402.2\/"},{"id":69257,"section_number":"54.1-405","catch_line":"(Effective July 1, 2026) Examinations and issuance of licenses and certificates","order_by":null,"url":"\/54.1-405\/"},{"id":57598,"section_number":"54.1-406","catch_line":"License required","order_by":null,"url":"\/54.1-406\/"},{"id":82740,"section_number":"54.1-409","catch_line":"Practice of landscape architecture; license required","order_by":null,"url":"\/54.1-409\/"},{"id":80378,"section_number":"54.1-917","catch_line":"Enforcement of suspension","order_by":null,"url":"\/54.1-917\/"},{"id":82977,"section_number":"59.1-200","catch_line":"Prohibited practices","order_by":null,"url":"\/59.1-200\/"}],"refers_to":[{"id":80168,"section_number":"13.1-1101.1","catch_line":"Practice of certain professions by limited liability companies","order_by":null,"url":"\/13.1-1101.1\/"},{"id":57431,"section_number":"13.1-1102","catch_line":"Definitions","order_by":null,"url":"\/13.1-1102\/"},{"id":69417,"section_number":"13.1-542.1","catch_line":"Practice of certain professions by corporations","order_by":null,"url":"\/13.1-542.1\/"},{"id":66461,"section_number":"13.1-543","catch_line":"Definitions","order_by":null,"url":"\/13.1-543\/"},{"id":75628,"section_number":"19.2-305","catch_line":"Requiring fines, costs, restitution for damages, support, or community services from probationer","order_by":null,"url":"\/19.2-305\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":59538,"section_number":"54.1-2902","catch_line":"Unlawful to practice without license","order_by":null,"url":"\/54.1-2902\/"},{"id":54531,"section_number":"54.1-2929","catch_line":"Licenses required","order_by":null,"url":"\/54.1-2929\/"},{"id":80770,"section_number":"8.01-413","catch_line":"Certain copies of health care provider's health records of patient admissible; right of patient, his attorney and authorized insurer to copies of such health records; subpoena; damages, costs and attorney fees","order_by":null,"url":"\/8.01-413\/"}],"permalink":{"id":239379,"object_type":"law","relational_id":70430,"identifier":"54.1-111","token":"54.1\/I\/1\/54.1-111","url":"\/54.1-111\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-111\/","token":"54.1\/I\/1\/54.1-111","dublin_core":{"Title":"Unlawful acts; prosecution; proceedings in equity; civil penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-111","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It is unlawful for any person, partnership, corporation, or other entity to engage in any of the following acts: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Practicing a profession or occupation without holding a valid license as required by statute<\/span> or regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Making use of any designation provided by statute<\/span> or regulation to denote a standard of professional or occupational competence without being duly certified or licensed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Making use of any titles, words, letters, or abbreviations which may reasonably be confused with a designation provided by statute<\/span> or regulation to denote a standard of professional or occupational competence without being duly certified or licensed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Performing any act or function which is restricted by statute<\/span> or regulation to persons holding a professional or occupational license or certification, without being duly certified or licensed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Failing to register as a practitioner of a profession or occupation as required by statute<\/span> or regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Materially misrepresenting facts<\/span> in an application for licensure, certification, or registration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Willfully refusing to furnish a regulatory board information or records required or requested pursuant to statute<\/span> or regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Violating any statute<\/span> or regulation governing the practice of any profession or occupation regulated pursuant to this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Refusing to process a request, tendered in accordance with the regulations of the relevant health regulatory board or applicable statutory law<\/span>, for patient records or prescription dispensing records after the closing of a business or professional practice or the transfer of ownership of a business or professional practice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person who willfully engages in any unlawful act enumerated in this section is guilty of a Class 1 misdemeanor<\/span>. The third or any subsequent conviction<\/span> for violating this section during a 36-month period constitutes a Class 6 felony<\/span>. In addition, any person convicted of any unlawful act enumerated in subdivisions A 1 through 8, for conduct that is within the purview of any regulatory board within the Department of Professional and Occupational Regulation, may be ordered by the court<\/span> to pay restitution<\/span> in accordance with §§ 19.2-305<\/a> through 19.2-305.4<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Director of the Department of Professional and Occupational Regulation, or his designee, may issue<\/span> a notice to any person violating the provisions of subdivisions A 1 through 5 or A 8 to cease and desist such activity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In addition to the criminal penalties provided for in subsection B, the Department of Professional and Occupational Regulation or the Department of Health Professions, without compliance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.), shall have the authority to enforce the provisions of subsection A and may institute proceedings in equity<\/span> to enjoin any person, partnership, corporation or any other entity from engaging in any unlawful act enumerated in this section and to recover a civil penalty<\/span> of at least $200 but not more than $5,000 per violation, with each unlawful act constituting a separate violation; but in no event shall the civil penalties against any one person, partnership, corporation or other entity exceed $25,000 per year. Such proceedings shall be brought in the name of the Commonwealth by the appropriate Department in the circuit<\/span> court<\/span> or general district court<\/span> of the city or county in which the unlawful act occurred or in which the defendant<\/span> resides. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section shall not be construed to prohibit or prevent the owner of patient records from (i) retaining copies of his patient records or prescription dispensing records after the closing of a business or professional practice or the transfer of ownership of a business or professional practice or (ii) charging a reasonable fee, in accordance with subsections B2, B3, B4, and B6 of § 8.01-413<\/a> or subsection J of § 32.1-127.1:03<\/a>, for copies of patient records, as applicable under the circumstances. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing in this section, nor §§ 13.1-543<\/a>, 13.1-1102<\/a>, 54.1-2902<\/a>, and 54.1-2929<\/a>, shall be construed to prohibit or prevent any entity of a type listed in § 13.1-542.1<\/a> or 13.1-1101.1<\/a>, which employs or contracts<\/span> with an individual licensed by a health regulatory board, from (i) practicing or engaging in the practice of a profession or occupation for which such individual is licensed, (ii) providing or rendering professional services related thereto through the licensed individual, or (iii) having a legitimate interest in enforcing the terms of employment or its contract<\/span> with the licensed individual. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> This section shall apply, mutatis mutandis<\/span>, to all persons holding a multistate licensure privilege<\/span> to practice nursing in the Commonwealth of Virginia. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNLAWFUL ACTS; PROSECUTION; PROCEEDINGS IN EQUITY; CIVIL PENALTY (\u00a7 54.1-111)\n\nA. It is unlawful for any person, partnership, corporation, or other entity to\nengage in any of the following acts:\n\n 1. Practicing a profession or occupation without holding a valid license as\n required by statute or regulation.\n\n 2. Making use of any designation provided by statute or regulation to denote a\n standard of professional or occupational competence without being duly\n certified or licensed.\n\n 3. Making use of any titles, words, letters, or abbreviations which may\n reasonably be confused with a designation provided by statute or regulation to\n denote a standard of professional or occupational competence without being\n duly certified or licensed.\n\n 4. Performing any act or function which is restricted by statute or regulation\n to persons holding a professional or occupational license or certification,\n without being duly certified or licensed.\n\n 5. Failing to register as a practitioner of a profession or occupation as\n required by statute or regulation.\n\n 6. Materially misrepresenting facts in an application for licensure,\n certification, or registration.\n\n 7. Willfully refusing to furnish a regulatory board information or records\n required or requested pursuant to statute or regulation.\n\n 8. Violating any statute or regulation governing the practice of any\n profession or occupation regulated pursuant to this title.\n\n 9. Refusing to process a request, tendered in accordance with the regulations\n of the relevant health regulatory board or applicable statutory law, for\n patient records or prescription dispensing records after the closing of a\n business or professional practice or the transfer of ownership of a business\n or professional practice.\n\nB. Any person who willfully engages in any unlawful act enumerated in this\nsection is guilty of a Class 1 misdemeanor. The third or any subsequent\nconviction for violating this section during a 36-month period constitutes a\nClass 6 felony. In addition, any person convicted of any unlawful act enumerated\nin subdivisions A 1 through 8, for conduct that is within the purview of any\nregulatory board within the Department of Professional and Occupational\nRegulation, may be ordered by the court to pay restitution in accordance with\n§§ 19.2-305 through 19.2-305.4.\n\nC. The Director of the Department of Professional and Occupational Regulation,\nor his designee, may issue a notice to any person violating the provisions of\nsubdivisions A 1 through 5 or A 8 to cease and desist such activity.\n\nD. In addition to the criminal penalties provided for in subsection B, the\nDepartment of Professional and Occupational Regulation or the Department of\nHealth Professions, without compliance with the Administrative Process Act\n(§ 2.2-4000 et seq.), shall have the authority to enforce the provisions of\nsubsection A and may institute proceedings in equity to enjoin any person,\npartnership, corporation or any other entity from engaging in any unlawful act\nenumerated in this section and to recover a civil penalty of at least $200 but\nnot more than $5,000 per violation, with each unlawful act constituting a\nseparate violation; but in no event shall the civil penalties against any one\nperson, partnership, corporation or other entity exceed $25,000 per year. Such\nproceedings shall be brought in the name of the Commonwealth by the appropriate\nDepartment in the circuit court or general district court of the city or county\nin which the unlawful act occurred or in which the defendant resides.\n\nE. This section shall not be construed to prohibit or prevent the owner of\npatient records from (i) retaining copies of his patient records or prescription\ndispensing records after the closing of a business or professional practice or\nthe transfer of ownership of a business or professional practice or (ii)\ncharging a reasonable fee, in accordance with subsections B2, B3, B4, and B6 of\n§ 8.01-413 or subsection J of § 32.1-127.1:03, for copies of patient\nrecords, as applicable under the circumstances.\n\nF. Nothing in this section, nor §§ 13.1-543, 13.1-1102, 54.1-2902, and\n54.1-2929, shall be construed to prohibit or prevent any entity of a type listed\nin § 13.1-542.1 or 13.1-1101.1, which employs or contracts with an\nindividual licensed by a health regulatory board, from (i) practicing or\nengaging in the practice of a profession or occupation for which such individual\nis licensed, (ii) providing or rendering professional services related thereto\nthrough the licensed individual, or (iii) having a legitimate interest in\nenforcing the terms of employment or its contract with the licensed individual.\n\nG. This section shall apply, mutatis mutandis, to all persons holding a\nmultistate licensure privilege to practice nursing in the Commonwealth of\nVirginia.\n\nHISTORY: 1979, c. 408, \u00a7 54-1.20; 1988, c. 765; 1993, cc. 129, 499; 1998, c.\n470; 2001, c. 544; 2003, cc. 753, 762; 2004, c. 49; 2005, cc. 398, 642, 697;\n2008, c. 358; 2017, c. 457; 2019, cc. 481, 517.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}