Code of Virginia - Title 54.1 Professions And Occupations - Section 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 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 it is clearly found that such abridgment is necessary for the preservation of the health, safety and welfare of the public.

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.

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

Sections:  54.1-100  54.1-100.1  54.1-101  54.1-102  54.1-103  54.1-104  54.1-105  54.1-106  54.1-106.1  54.1-107  54.1-108  54.1-109  54.1-110  54.1-111  54.1-112  Next

Last modified: April 3, 2009