{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-1805.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-1805.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-1805.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-1805.html"}],"law_id":64139,"edition_id":1,"section_id":64139,"structure_id":14489,"section_number":"54.1-1805","catch_line":"Instrument to be used","history":"1975, c. 522, \u00a7 54-922; 1988, c. 765; 2010, c. 625.","full_text":"A\n\nEach 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\n\n1. 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\n\nAny such approved device shall be subject to regulations promulgated by the Director regarding its use in the Commonwealth.3\n\nThe Director shall establish standards of practice related to the use of any such other detection device approved pursuant to this subsection.","order_by":null,"text":{"0":{"id":233530,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":233531,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B2"},"2":{"id":233532,"text":"Any such approved device shall be subject to regulations promulgated by the Director regarding its use in the Commonwealth.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"B3"},"3":{"id":233533,"text":"The Director shall establish standards of practice related to the use of any such other detection device approved pursuant to this subsection.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2"}},"ancestry":[{"id":14489,"edition_id":1,"name":"Polygraph Examiners","identifier":"18","label":"chapter","depth":3,"order_by":1,"parent_id":12755,"metadata":{},"date_created":"2026-06-26 03:48:19","date_modified":"2026-06-26 03:48:19","permalink":{"id":239743,"object_type":"structure","relational_id":14489,"identifier":"18","token":"54.1\/II\/18","url":"\/54.1\/II\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12755,"edition_id":1,"name":"Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards Within the Department","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239415,"object_type":"structure","relational_id":12755,"identifier":"II","token":"54.1\/II","url":"\/54.1\/II\/","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":79215,"structure_id":14489,"section_number":"54.1-1800","catch_line":"Definitions","url":"\/54.1-1800\/","token":"54.1\/II\/18\/54.1-1800","metadata":false},{"id":64129,"structure_id":14489,"section_number":"54.1-1801","catch_line":"Licenses","url":"\/54.1-1801\/","token":"54.1\/II\/18\/54.1-1801","metadata":false},{"id":71195,"structure_id":14489,"section_number":"54.1-1802","catch_line":"Repealed","url":"\/54.1-1802\/","token":"54.1\/II\/18\/54.1-1802","metadata":false},{"id":68363,"structure_id":14489,"section_number":"54.1-1802.1","catch_line":"Powers and duties of the Department","url":"\/54.1-1802.1\/","token":"54.1\/II\/18\/54.1-1802.1","metadata":false},{"id":83911,"structure_id":14489,"section_number":"54.1-1803","catch_line":"Approval of schools to teach courses of instruction","url":"\/54.1-1803\/","token":"54.1\/II\/18\/54.1-1803","metadata":false},{"id":77405,"structure_id":14489,"section_number":"54.1-1804","catch_line":"Submission of fingerprints","url":"\/54.1-1804\/","token":"54.1\/II\/18\/54.1-1804","metadata":false},{"id":64139,"structure_id":14489,"section_number":"54.1-1805","catch_line":"Instrument to be used","url":"\/54.1-1805\/","token":"54.1\/II\/18\/54.1-1805","metadata":false},{"id":55891,"structure_id":14489,"section_number":"54.1-1806","catch_line":"Prohibition of use of certain questions on polygraph tests for employment","url":"\/54.1-1806\/","token":"54.1\/II\/18\/54.1-1806","metadata":false}],"previous_section":{"id":77405,"structure_id":14489,"section_number":"54.1-1804","catch_line":"Submission of fingerprints","url":"\/54.1-1804\/","token":"54.1\/II\/18\/54.1-1804","metadata":false},"next_section":{"id":55891,"structure_id":14489,"section_number":"54.1-1806","catch_line":"Prohibition of use of certain questions on polygraph tests for employment","url":"\/54.1-1806\/","token":"54.1\/II\/18\/54.1-1806","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-1805\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 522 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 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 2010, chapter 625<\/a>.<\/p>","references":[{"id":83911,"section_number":"54.1-1803","catch_line":"Approval of schools to teach courses of instruction","order_by":null,"url":"\/54.1-1803\/"}],"refers_to":false,"permalink":{"id":239769,"object_type":"law","relational_id":64139,"identifier":"54.1-1805","token":"54.1\/II\/18\/54.1-1805","url":"\/54.1-1805\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-1805\/","token":"54.1\/II\/18\/54.1-1805","dublin_core":{"Title":"Instrument to be used","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-1805","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Each polygraph examiner<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. The use of any other detection device<\/span> that does not meet the instrumentation requirements set forth in subsection A shall be approved by the Director<\/span>. The Director<\/span> shall approve such other detection device<\/span> 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<\/span>. 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any such approved device shall be subject to regulations promulgated by the Director<\/span> regarding its use in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Director<\/span> shall establish standards of practice related to the use of any such other detection device<\/span> approved pursuant to this subsection. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINSTRUMENT TO BE USED (\u00a7 54.1-1805)\n\nA. Each polygraph examiner shall use an instrument that records permanently and\nsimultaneously the subject’s cardiovascular and respiratory patterns as\nminimum standards, but such an instrument may record additional physiological\nchanges pertinent to the determination of truthfulness.\n\nB. 1. The use of any other detection device that does not meet the\ninstrumentation requirements set forth in subsection A shall be approved by the\nDirector. The Director shall approve such other detection device only when the\ndata collected by such device is deemed to be reliable and valid in detecting\ndeception or verifying truth, based upon the preponderance of available\nscientific evidence. The voluntary, written consent of any individual to be\ntested using a detection device approved pursuant to this subsection shall be\nobtained prior to the administration of any such test or questioning using the\ndevice.\n\n 2. Any such approved device shall be subject to regulations promulgated by the\n Director regarding its use in the Commonwealth.\n\n 3. The Director shall establish standards of practice related to the use of\n any such other detection device approved pursuant to this subsection.\n\nHISTORY: 1975, c. 522, \u00a7 54-922; 1988, c. 765; 2010, c. 625.","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}}