{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-311.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-311.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-311.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-311.html"}],"law_id":70301,"edition_id":1,"section_id":70301,"structure_id":14754,"section_number":"54.1-311","catch_line":"Degrees of regulation","history":"1979, c. 408, \u00a7 54-1.26; 1988, c. 765.","full_text":"A\n\nWhenever the Board determines that a particular profession or occupation should be regulated, or that a different degree of regulation should be imposed on a regulated profession or occupation, it shall consider the following degrees of regulation in the order provided in subdivisions 1 through 5. The Board shall regulate only to the degree necessary to fulfill the need for regulation and only upon approval by the General Assembly.\n\t\t\t1. Private civil actions and criminal prosecutions. — Whenever existing common law and statutory causes of civil action or criminal prohibitions are not sufficient to eradicate existing harm or prevent potential harm, the Board may first consider the recommendation of statutory change to provide more strict causes for civil action and criminal prosecution.\n\t\t\t2. Inspection and injunction. — Whenever current inspection and injunction procedures are not sufficient to eradicate existing harm, the Board may promulgate regulations consistent with the intent of this chapter to provide more adequate inspection procedures and to specify procedures whereby the appropriate regulatory board may enjoin an activity which is detrimental to the public well-being. The Board may recommend to the appropriate agency of the Commonwealth that such procedures be strengthened or it may recommend statutory changes in order to grant to the appropriate state agency the power to provide sufficient inspection and injunction procedures.\n\t\t\t3. Registration. — Whenever it is necessary to determine the impact of the operation of a profession or occupation on the public, the Board may implement a system of registration.\n\t\t\t4. Certification. — When the public requires a substantial basis for relying on the professional services of a practitioner, the Board may implement a system of certification.\n\t\t\t5. Licensing. — Whenever adequate regulation cannot be achieved by means other than licensing, the Board may establish licensing procedures for any particular profession or occupation.B\n\nIn determining the proper degree of regulation, if any, the Board shall determine the following:1\n\nWhether the practitioner, if unregulated, performs a service for individuals involving a hazard to the public health, safety or welfare.2\n\nThe opinion of a substantial portion of the people who do not practice the particular profession, trade or occupation on the need for regulation.3\n\nThe number of states which have regulatory provisions similar to those proposed.4\n\nWhether there is sufficient demand for the service for which there is no regulated substitute and this service is required by a substantial portion of the population.5\n\nWhether the profession or occupation requires high standards of public responsibility, character and performance of each individual engaged in the profession or occupation, as evidenced by established and published codes of ethics.6\n\nWhether the profession or occupation requires such skill that the public generally is not qualified to select a competent practitioner without some assurance that he has met minimum qualifications.7\n\nWhether the professional or occupational associations do not adequately protect the public from incompetent, unscrupulous or irresponsible members of the profession or occupation.8\n\nWhether current laws which pertain to public health, safety and welfare generally are ineffective or inadequate.9\n\nWhether the characteristics of the profession or occupation make it impractical or impossible to prohibit those practices of the profession or occupation which are detrimental to the public health, safety and welfare.10\n\nWhether the practitioner performs a service for others which may have a detrimental effect on third parties relying on the expert knowledge of the practitioner.","order_by":null,"text":{"0":{"id":253815,"text":"Whenever the Board determines that a particular profession or occupation should be regulated, or that a different degree of regulation should be imposed on a regulated profession or occupation, it shall consider the following degrees of regulation in the order provided in subdivisions 1 through 5. The Board shall regulate only to the degree necessary to fulfill the need for regulation and only upon approval by the General Assembly.\n\t\t\t1. Private civil actions and criminal prosecutions. — Whenever existing common law and statutory causes of civil action or criminal prohibitions are not sufficient to eradicate existing harm or prevent potential harm, the Board may first consider the recommendation of statutory change to provide more strict causes for civil action and criminal prosecution.\n\t\t\t2. Inspection and injunction. — Whenever current inspection and injunction procedures are not sufficient to eradicate existing harm, the Board may promulgate regulations consistent with the intent of this chapter to provide more adequate inspection procedures and to specify procedures whereby the appropriate regulatory board may enjoin an activity which is detrimental to the public well-being. The Board may recommend to the appropriate agency of the Commonwealth that such procedures be strengthened or it may recommend statutory changes in order to grant to the appropriate state agency the power to provide sufficient inspection and injunction procedures.\n\t\t\t3. Registration. — Whenever it is necessary to determine the impact of the operation of a profession or occupation on the public, the Board may implement a system of registration.\n\t\t\t4. Certification. — When the public requires a substantial basis for relying on the professional services of a practitioner, the Board may implement a system of certification.\n\t\t\t5. Licensing. — Whenever adequate regulation cannot be achieved by means other than licensing, the Board may establish licensing procedures for any particular profession or occupation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":253816,"text":"In determining the proper degree of regulation, if any, the Board shall determine the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":253817,"text":"Whether the practitioner, if unregulated, performs a service for individuals involving a hazard to the public health, safety or welfare.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":253818,"text":"The opinion of a substantial portion of the people who do not practice the particular profession, trade or occupation on the need for regulation.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":253819,"text":"The number of states which have regulatory provisions similar to those proposed.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":253820,"text":"Whether there is sufficient demand for the service for which there is no regulated substitute and this service is required by a substantial portion of the population.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":253821,"text":"Whether the profession or occupation requires high standards of public responsibility, character and performance of each individual engaged in the profession or occupation, as evidenced by established and published codes of ethics.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":253822,"text":"Whether the profession or occupation requires such skill that the public generally is not qualified to select a competent practitioner without some assurance that he has met minimum qualifications.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":253823,"text":"Whether the professional or occupational associations do not adequately protect the public from incompetent, unscrupulous or irresponsible members of the profession or occupation.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":253824,"text":"Whether current laws which pertain to public health, safety and welfare generally are ineffective or inadequate.","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":253825,"text":"Whether the characteristics of the profession or occupation make it impractical or impossible to prohibit those practices of the profession or occupation which are detrimental to the public health, safety and welfare.","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"11":{"id":253826,"text":"Whether the practitioner performs a service for others which may have a detrimental effect on third parties relying on the expert knowledge of the practitioner.","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9"}},"ancestry":[{"id":14754,"edition_id":1,"name":"Department of Professional and Occupational Regulation","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12755,"metadata":{},"date_created":"2026-06-26 03:49:44","date_modified":"2026-06-26 03:49:44","permalink":{"id":240491,"object_type":"structure","relational_id":14754,"identifier":"3","token":"54.1\/II\/3","url":"\/54.1\/II\/3\/","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":68813,"structure_id":14754,"section_number":"54.1-300","catch_line":"Definitions","url":"\/54.1-300\/","token":"54.1\/II\/3\/54.1-300","metadata":false},{"id":72242,"structure_id":14754,"section_number":"54.1-301","catch_line":"Department continued; appointment of Director","url":"\/54.1-301\/","token":"54.1\/II\/3\/54.1-301","metadata":false},{"id":73009,"structure_id":14754,"section_number":"54.1-302","catch_line":"Supervision of Department","url":"\/54.1-302\/","token":"54.1\/II\/3\/54.1-302","metadata":false},{"id":82752,"structure_id":14754,"section_number":"54.1-303","catch_line":"General powers of Director","url":"\/54.1-303\/","token":"54.1\/II\/3\/54.1-303","metadata":false},{"id":61781,"structure_id":14754,"section_number":"54.1-304","catch_line":"Powers and duties of the Director with respect to regulatory boards","url":"\/54.1-304\/","token":"54.1\/II\/3\/54.1-304","metadata":false},{"id":83982,"structure_id":14754,"section_number":"54.1-305","catch_line":"Bond of Director","url":"\/54.1-305\/","token":"54.1\/II\/3\/54.1-305","metadata":false},{"id":80292,"structure_id":14754,"section_number":"54.1-306","catch_line":"Enforcement of laws by Director or investigators; authority of investigators appointed by Director","url":"\/54.1-306\/","token":"54.1\/II\/3\/54.1-306","metadata":false},{"id":81064,"structure_id":14754,"section_number":"54.1-307","catch_line":"Subpoenas","url":"\/54.1-307\/","token":"54.1\/II\/3\/54.1-307","metadata":false},{"id":56501,"structure_id":14754,"section_number":"54.1-307.1","catch_line":"Time for filing complaints against regulants","url":"\/54.1-307.1\/","token":"54.1\/II\/3\/54.1-307.1","metadata":false},{"id":77300,"structure_id":14754,"section_number":"54.1-308","catch_line":"Departmental expenses","url":"\/54.1-308\/","token":"54.1\/II\/3\/54.1-308","metadata":false},{"id":73304,"structure_id":14754,"section_number":"54.1-308.1","catch_line":"Interest on cash bonds held by regulatory boards of Department","url":"\/54.1-308.1\/","token":"54.1\/II\/3\/54.1-308.1","metadata":false},{"id":79288,"structure_id":14754,"section_number":"54.1-309","catch_line":"Board for Professional and Occupational Regulation; members, terms, chairman; meetings","url":"\/54.1-309\/","token":"54.1\/II\/3\/54.1-309","metadata":false},{"id":56616,"structure_id":14754,"section_number":"54.1-310","catch_line":"Powers and duties of Board","url":"\/54.1-310\/","token":"54.1\/II\/3\/54.1-310","metadata":false},{"id":73057,"structure_id":14754,"section_number":"54.1-310.1","catch_line":"Petitions for regulation; review by Board; report","url":"\/54.1-310.1\/","token":"54.1\/II\/3\/54.1-310.1","metadata":false},{"id":70301,"structure_id":14754,"section_number":"54.1-311","catch_line":"Degrees of regulation","url":"\/54.1-311\/","token":"54.1\/II\/3\/54.1-311","metadata":false}],"previous_section":{"id":73057,"structure_id":14754,"section_number":"54.1-310.1","catch_line":"Petitions for regulation; review by Board; report","url":"\/54.1-310.1\/","token":"54.1\/II\/3\/54.1-310.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-311\/","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 1 time. 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. That modification is as follows: in 1988, chapter 765.<\/p>","references":[{"id":74681,"section_number":"54.1-200","catch_line":"Composition of regulatory boards","order_by":null,"url":"\/54.1-200\/"}],"refers_to":false,"permalink":{"id":240549,"object_type":"law","relational_id":70301,"identifier":"54.1-311","token":"54.1\/II\/3\/54.1-311","url":"\/54.1-311\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-311\/","token":"54.1\/II\/3\/54.1-311","dublin_core":{"Title":"Degrees of regulation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-311","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever the Board determines that a particular profession or occupation should be regulated, or that a different degree of regulation should be imposed on a regulated profession or occupation, it shall consider the following degrees of regulation in the order<\/span> provided in subdivisions 1 through 5. The Board shall regulate only to the degree necessary to fulfill the need for regulation and only upon approval by the General Assembly.\n\t\t\t1. Private civil actions<\/span> and criminal prosecutions<\/span>. — Whenever existing common law<\/span> and statutory causes of civil action<\/span> or criminal prohibitions are not sufficient to eradicate existing harm or prevent potential harm, the Board may first consider the recommendation of statutory change to provide more strict causes for civil action<\/span> and criminal prosecution<\/span>.\n\t\t\t2. Inspection<\/span> and injunction<\/span>. — Whenever current inspection<\/span> and injunction<\/span> procedures are not sufficient to eradicate existing harm, the Board may promulgate regulations consistent with the intent<\/span> of this chapter to provide more adequate inspection<\/span> procedures and to specify procedures whereby the appropriate regulatory board<\/span> may enjoin an activity which is detrimental to the public well-being. The Board may recommend to the appropriate agency of the Commonwealth that such procedures be strengthened or it may recommend statutory changes in order<\/span> to grant to the appropriate state agency the power to provide sufficient inspection<\/span> and injunction<\/span> procedures.\n\t\t\t3. Registration<\/span>. — Whenever it is necessary to determine the impact of the operation of a profession or occupation on the public, the Board may implement a system of registration<\/span>.\n\t\t\t4. Certification<\/span>. — When the public requires a substantial basis for relying on the professional services of a practitioner, the Board may implement a system of certification<\/span>.\n\t\t\t5. Licensing. — Whenever adequate regulation cannot be achieved by means other than licensing, the Board may establish licensing procedures for any particular profession or occupation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In determining the proper degree of regulation, if any, the Board shall determine the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Whether the practitioner, if unregulated, performs a service for individuals involving a hazard to the public health, safety or welfare. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The opinion<\/span> of a substantial portion of the people who do not practice the particular profession, trade or occupation on the need for regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The number of states which have regulatory provisions similar to those proposed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Whether there is sufficient demand for the service for which there is no regulated substitute and this service is required by a substantial portion of the population. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Whether the profession or occupation requires high standards of public responsibility, character and performance of each individual engaged in the profession or occupation, as evidenced by established and published codes of ethics. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Whether the profession or occupation requires such skill that the public generally is not qualified to select a competent practitioner without some assurance that he has met minimum qualifications. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Whether the professional or occupational associations do not adequately protect the public from incompetent, unscrupulous or irresponsible members of the profession or occupation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Whether current laws<\/span> which pertain to public health, safety and welfare generally are ineffective or inadequate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Whether the characteristics of the profession or occupation make it impractical or impossible to prohibit those practices of the profession or occupation which are detrimental to the public health, safety and welfare. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Whether the practitioner performs a service for others which may have a detrimental effect on third parties relying on the expert knowledge of the practitioner. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEGREES OF REGULATION (\u00a7 54.1-311)\n\nA. Whenever the Board determines that a particular profession or occupation\nshould be regulated, or that a different degree of regulation should be imposed\non a regulated profession or occupation, it shall consider the following degrees\nof regulation in the order provided in subdivisions 1 through 5. The Board shall\nregulate only to the degree necessary to fulfill the need for regulation and\nonly upon approval by the General Assembly.\n\t\t\t1. Private civil actions and criminal prosecutions. — Whenever\nexisting common law and statutory causes of civil action or criminal\nprohibitions are not sufficient to eradicate existing harm or prevent potential\nharm, the Board may first consider the recommendation of statutory change to\nprovide more strict causes for civil action and criminal prosecution.\n\t\t\t2. Inspection and injunction. — Whenever current inspection and\ninjunction procedures are not sufficient to eradicate existing harm, the Board\nmay promulgate regulations consistent with the intent of this chapter to provide\nmore adequate inspection procedures and to specify procedures whereby the\nappropriate regulatory board may enjoin an activity which is detrimental to the\npublic well-being. The Board may recommend to the appropriate agency of the\nCommonwealth that such procedures be strengthened or it may recommend statutory\nchanges in order to grant to the appropriate state agency the power to provide\nsufficient inspection and injunction procedures.\n\t\t\t3. Registration. — Whenever it is necessary to determine the\nimpact of the operation of a profession or occupation on the public, the Board\nmay implement a system of registration.\n\t\t\t4. Certification. — When the public requires a substantial basis\nfor relying on the professional services of a practitioner, the Board may\nimplement a system of certification.\n\t\t\t5. Licensing. — Whenever adequate regulation cannot be achieved by\nmeans other than licensing, the Board may establish licensing procedures for any\nparticular profession or occupation.\n\nB. In determining the proper degree of regulation, if any, the Board shall\ndetermine the following:\n\n 1. Whether the practitioner, if unregulated, performs a service for\n individuals involving a hazard to the public health, safety or welfare.\n\n 2. The opinion of a substantial portion of the people who do not practice the\n particular profession, trade or occupation on the need for regulation.\n\n 3. The number of states which have regulatory provisions similar to those\n proposed.\n\n 4. Whether there is sufficient demand for the service for which there is no\n regulated substitute and this service is required by a substantial portion of\n the population.\n\n 5. Whether the profession or occupation requires high standards of public\n responsibility, character and performance of each individual engaged in the\n profession or occupation, as evidenced by established and published codes of\n ethics.\n\n 6. Whether the profession or occupation requires such skill that the public\n generally is not qualified to select a competent practitioner without some\n assurance that he has met minimum qualifications.\n\n 7. Whether the professional or occupational associations do not adequately\n protect the public from incompetent, unscrupulous or irresponsible members of\n the profession or occupation.\n\n 8. Whether current laws which pertain to public health, safety and welfare\n generally are ineffective or inadequate.\n\n 9. Whether the characteristics of the profession or occupation make it\n impractical or impossible to prohibit those practices of the profession or\n occupation which are detrimental to the public health, safety and welfare.\n\n 10. Whether the practitioner performs a service for others which may have a\n detrimental effect on third parties relying on the expert knowledge of the\n practitioner.\n\nHISTORY: 1979, c. 408, \u00a7 54-1.26; 1988, c. 765.","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}}