                                 CODE OF VIRGINIA

REGULATIONS OF PROFESSIONS AND OCCUPATIONS (§ 54.1-100)

The right of every person to engage in any lawful profession, trade, or
occupation of his choice is clearly protected by both the Constitution of the
United States and the Constitution of the Commonwealth of Virginia. The
Commonwealth cannot abridge such rights except as a reasonable exercise of its
police powers when (i) it is clearly found that such abridgment is necessary for
the protection or preservation of the health, safety, and welfare of the public
and (ii) any such abridgment is no greater than necessary to protect or preserve
the public health, safety, and welfare.
		No regulation shall be imposed upon any profession or occupation except for
the exclusive purpose of protecting the public interest when:

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

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

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

4. The public is not effectively protected by other means.
			No regulation of a profession or occupation shall conflict with the
Constitution of the United States, the Constitution of Virginia, the laws of the
United States, or the laws of the Commonwealth of Virginia. Periodically and at
least annually, all agencies regulating a profession or occupation shall review
such regulations to ensure that no conflict exists.

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