2006 Code of Virginia § 54.1-100 - Regulations of professions and occupations

54.1-100. Regulations of professions and occupations.

The right of every person to engage in any lawful profession, trade oroccupation of his choice is clearly protected by both the Constitution of theUnited States and the Constitution of the Commonwealth of Virginia. TheCommonwealth cannot abridge such rights except as a reasonable exercise ofits police powers when it is clearly found that such abridgment is necessaryfor the preservation of the health, safety and welfare of the public.

No regulation shall be imposed upon any profession or occupation except forthe exclusive purpose of protecting the public interest when:

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

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

3. The practice of the profession or occupation requires specialized skill ortraining and the public needs, and will benefit by, assurances of initial andcontinuing 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 theConstitution of the United States, the Constitution of Virginia, the laws ofthe United States, or the laws of the Commonwealth of Virginia. Periodicallyand at least annually, all agencies regulating a profession or occupationshall review such regulations to ensure that no conflict exists.

(1979, c. 408, 54-1.17; 1988, c. 765.)