2006 Code of Virginia § 54.1-311 - Degrees of regulation

54.1-311. Degrees of regulation.

A. Whenever the Board determines that a particular profession or occupationshould be regulated, or that a different degree of regulation should beimposed on a regulated profession or occupation, it shall consider thefollowing degrees of regulation in the order provided in subdivisions 1through 5. The Board shall regulate only to the degree necessary to fulfillthe need for regulation and only upon approval by the General Assembly.

1. Private civil actions and criminal prosecutions. - Whenever existingcommon law and statutory causes of civil action or criminal prohibitions arenot sufficient to eradicate existing harm or prevent potential harm, theBoard may first consider the recommendation of statutory change to providemore strict causes for civil action and criminal prosecution.

2. Inspection and injunction. - Whenever current inspection and injunctionprocedures are not sufficient to eradicate existing harm, the Board maypromulgate regulations consistent with the intent of this chapter to providemore adequate inspection procedures and to specify procedures whereby theappropriate regulatory board may enjoin an activity which is detrimental tothe public well-being. The Board may recommend to the appropriate agency ofthe Commonwealth that such procedures be strengthened or it may recommendstatutory changes in order to grant to the appropriate state agency the powerto provide sufficient inspection and injunction procedures.

3. Registration. - Whenever it is necessary to determine the impact of theoperation of a profession or occupation on the public, the Board mayimplement a system of registration.

4. Certification. - When the public requires a substantial basis for relyingon the professional services of a practitioner, the Board may implement asystem of certification.

5. Licensing. - Whenever adequate regulation cannot be achieved by meansother than licensing, the Board may establish licensing procedures for anyparticular profession or occupation.

B. In determining the proper degree of regulation, if any, the Board shalldetermine the following:

1. Whether the practitioner, if unregulated, performs a service forindividuals involving a hazard to the public health, safety or welfare.

2. The opinion of a substantial portion of the people who do not practice theparticular profession, trade or occupation on the need for regulation.

3. The number of states which have regulatory provisions similar to thoseproposed.

4. Whether there is sufficient demand for the service for which there is noregulated substitute and this service is required by a substantial portion ofthe population.

5. Whether the profession or occupation requires high standards of publicresponsibility, character and performance of each individual engaged in theprofession or occupation, as evidenced by established and published codes ofethics.

6. Whether the profession or occupation requires such skill that the publicgenerally is not qualified to select a competent practitioner without someassurance that he has met minimum qualifications.

7. Whether the professional or occupational associations do not adequatelyprotect the public from incompetent, unscrupulous or irresponsible members ofthe profession or occupation.

8. Whether current laws which pertain to public health, safety and welfaregenerally are ineffective or inadequate.

9. Whether the characteristics of the profession or occupation make itimpractical or impossible to prohibit those practices of the profession oroccupation which are detrimental to the public health, safety and welfare.

10. Whether the practitioner performs a service for others which may have adetrimental effect on third parties relying on the expert knowledge of thepractitioner.

(1979, c. 408, 54-1.26; 1988, c. 765.)