                                 CODE OF VIRGINIA

REGULATORY BOARDS TO ADJUST FEES; CERTAIN TRANSFER OF MONEYS COLLECTED ON BEHALF
OF HEALTH REGULATORY BOARDS PROHIBITED (§ 54.1-113)

A. Following the close of any biennium, when the account for any regulatory
board within the Department of Professional and Occupational Regulation
maintained under &#xA7; 54.1-308 shows that unspent and unencumbered revenue
exceeds $100,000 or 20 percent of the total expenses allocated to the regulatory
board for the past biennium, whichever is greater, the regulatory board shall
(i) distribute all such excess revenue to current regulants and (ii) reduce the
fees levied by it for certification, licensure, registration, or permit and
renewal thereof so that the fees are sufficient but not excessive to cover
expenses.

B. Following the close of any biennium, when the account for any regulatory
board within the Department of Health Professions maintained under &#xA7;
54.1-2505 shows expenses allocated to it for the past biennium to be more than
10 percent greater or less than moneys collected on behalf of the regulatory
board, it shall revise the fees levied by it for certification, licensure,
registration, or permit and renewal thereof so that the fees are sufficient but
not excessive to cover expenses.

C. Nongeneral funds generated by fees collected on behalf of the health
regulatory boards and accounted for and deposited into a special fund by the
Director of the Department of Health Professions shall be held exclusively to
cover the expenses of the health regulatory boards, the Health
Practitioners&#8217; Monitoring Program, and the Department of Health
Professions and shall not be transferred to any agency other than the Department
of Health Professions, except as provided in &#xA7;&#xA7; 54.1-3011.1 and
54.1-3011.2.

HISTORY: 1981, c. 558, § 54-1.28:1; 1988, c. 765; 1993, c. 499; 2006, c. 631;
2009, c. 472; 2017, c. 423; 2019, cc. 517, 697; 2025, c. 341.